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(영문) 대구지방법원 2018.06.22 2018노818
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, a mental or physical loss, or the Defendant, at the time of committing each of the instant charges, was under the alcohol addiction treatment and mental and physical therapy at the time of committing each of the instant charges, and was in a state of mental or physical loss or mental weakness that lacks the ability to discern or make decisions with a large number of alcohol.

B. The sentence sentenced by the lower court to the Defendant (one year and four months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental or physical loss or mental weakness, the defendant was engaged in drinking alcohol to some extent at the time of committing each of the crimes listed in the facts charged of this case, and the mental and physical therapy is acknowledged, but in full view of various circumstances, such as the background and details of the crime of this case, and the defendant's behavior before and after the crime of this case, it is not deemed that the defendant did not have the ability or decision-making ability to discern things at the time of committing the crime of this case, and therefore, the above argument

B. As to the wrongful assertion of sentencing, the fact relevance of the instant crime is recognized by the Defendant, and the victim I does not want punishment against the Defendant is favorable to the Defendant.

However, in full view of the following circumstances: (a) the crime of this case was committed by carrying dangerous articles and causing injury to the victims; (b) the Defendant was sentenced to imprisonment with prison labor due to violent crimes, habitual special larceny, etc.; and (c) the Defendant committed each of the instant crimes under the influence of alcohol at the time when four months have elapsed since the end of the punishment; and (d) the Defendant’s age, sex, environment, family relationship, motive, circumstance, means, and consequence of the crime; and (e) the records and arguments of this case, such as circumstances after the crime, are appropriate, and the sentencing judgment of the lower court is appropriate and reasonable.

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