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(영문) 인천지방법원 2014.07.11 2014노1481
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, under the influence of alcohol, committed the instant crime under the condition of mental and physical loss or bad faith.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the assertion of mental disorder and the evidence duly admitted and investigated by the court below, it is recognized that the defendant was under the influence of drinking alcohol to a certain degree at the time of the crime of this case, but did not have the ability to discern things or make decisions due to such fact in light of the form and method of the crime of this case, the defendant's speech and behavior at the time.

did not appear to have existed in or weak condition.

B. As to the assertion on unfair sentencing, the defendant paid 70 million won to the victim. However, this does not exceed the amount of medical expenses paid by the victim, not only is the victim's injury suffered, but also is suffering due to prone disorder, such as the dialogic chronology, the name of the victim, and the face-to-face name after the surgery, and the defendant has been punished 19 times as violent crime (in fact 2 times, suspended execution once, and 16 times), and the defendant was punished 19 times as violent crime (in fact 2 times, suspended execution once, and 16 times). The defendant does not request the victim to prepare a written agreement with the victim strongly even after the crime of this case. In full view of the defendant's age, character and behavior, environment, motive or circumstance of the crime, means and result of the crime, circumstances after the crime, and various circumstances that are conditions for sentencing, such as criminal records, it is recognized that the punishment of the defendant sentenced by the court below is appropriate.

Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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