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(영문) 창원지방법원 2020.01.22 2019노2462
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of weak mind and body under the influence of alcohol at the time of each of the instant crimes.

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

2. Although the defendant can be found to have been under the influence of alcohol at the time of each of the crimes in this case, in light of the circumstances leading up to the crime, method of the crime, the defendant's act before and after the crime in this case, etc., it is difficult to find that the defendant was in the weak state of ability to discern things at the time of each of the crimes in this case and make decisions.

Therefore, the defendant's argument of mental disability is without merit.

3. The lower court rendered a judgment on the assertion of unfair sentencing: (a) taking into account the following factors: (b) the Defendant’s mistake of the Defendant; (c) the victim did not want the Defendant’s punishment by mutual consent with the victim H; (d) the victim’s injury is relatively minor; and (e) the content and method of the instant crime in light of the content and method of the instant crime, etc., the possibility of criticism is very large; and (d) the Defendant was punished several times of crimes of the same kind into account the circumstances unfavorable to the Defendant; and (e) the sentence was imposed by

Even when considering the circumstances alleged by the Defendant as the grounds for appeal, the lower court appears to have determined the punishment within a reasonable scope, sufficiently taking into account all the circumstances regarding sentencing.

Furthermore, there are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

Therefore, the defendant's assertion of unfair sentencing is without merit.

4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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