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(영문) 광주고등법원 (전주) 2019.03.19 2018노171
상해치사등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, has weak the ability to discern things or make decisions.

B. The sentence of unfair sentencing (two years of imprisonment, confiscation) by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the defendant's blood alcohol level at the time of the crime of this case is 0.141%, but it is not deemed that the defendant had weak ability to discern things or make decisions at the time of the crime of this case in light of all the following circumstances: (a) the circumstances acknowledged by the above evidence are acknowledged, namely, (b) the circumstance that the defendant inflicted an injury on the victims; (c) the victim's behavior at the time of the crime; and (d) the circumstance after the crime was committed, etc.; and (b) the defendant had a break in custody at the between the victim and the victims despite the temporary termination of dispute with the victims.

Therefore, this part of the defendant's argument is without merit.

B. In addition to the claim of unjust sentencing, the Defendant is against the mistake by recognizing the instant crime in addition to the claim of mental and physical disability.

Defendant

In addition, it seems that the victims suffered violence and injury.

These points are favorable to the defendant.

On the other hand, the crime of this case, even though it is merely a minor dispute, is likely to cause the death of the victim F by the prosecutors, who are dangerous objects, at the time of the head of the victim F, and the nature of the crime is heavy.

With regard to the instant crime, the bereaved families of the victims suffered a wound that is difficult to recover throughout their lives, and wanting to punish the Defendant.

In the appellate trial, the damage has not been recovered.

These points are disadvantageous to the defendant.

As above, the sentencing circumstances presented by the lower court, including the circumstances favorable to the Defendant, and other factors.

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