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(영문) 서울고등법원 2017.10.25 2017노2469
중상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, a mentally and physically weak, committed an act under the influence of alcohol, which lacks the ability to discern things or make decisions, but the lower court erred by not recognizing the Defendant’s mental and physical weakness.

2) The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.

2. The lower court’s determination on the Defendant’s mental and physical weakness does not appear to have a weak ability to discern things or make decisions due to drinking, in light of all the circumstances, such as the background of the crime, the method, means, and degree of the crime, and the circumstances after the crime, which can be acknowledged by the evidence duly adopted and investigated by the lower court.

Therefore, the court below erred by misunderstanding the facts or misunderstanding the legal principles in relation to the failure to recognize the defendant's mental and physical weakness.

subsection (b) of this section.

This part of the defendant's assertion is without merit.

3. The circumstances favorable to the Defendant include: (a) the Defendant’s erroneous determination of both parties’ unfair claims for sentencing recognized the Defendant’s fault and against himself; (b) the Defendant appears to have a considerable old health situation to be inappropriate; (c) the Defendant appears to have committed a crime somewhat contingent; and (d) deposit KRW 13 million in the victim’s future.

On the other hand, the crime of this case is committed by allowing the defendant to carry a phone with the victim to lose the victim's left eye, thereby causing bodily injury or imprisony to the victim, and it is not good that the crime of this case is committed in consideration of the contents and methods of the crime.

Considering the age of the victim, the part and degree of the injury suffered by the victim, it is deemed that the mental shock of the victim was reasonable, and the victim still remains against the defendant.

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