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(영문) 인천지방법원 2017.04.28 2017노889
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant had weak ability to discern things or make decisions due to depression, alcohol ozone, alcohol alcohol symptoms, and alcohol symptoms at the time of the instant crimes.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment and a fine of 500,000 won) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical weakness, it is recognized that the Defendant was in a state of drinking alcohol at the time of committing the crime, but the Defendant was in a state of lacking the ability to discern things or make decisions in light of all the circumstances, such as the background, content, method, and circumstances after committing each of the instant crimes.

It does not seem that it does not appear.

Therefore, we cannot accept the defendant's argument of mental and physical weakness.

B. The circumstances are favorable to the Defendant, such as the fact that the Defendant agreed with E, the victim of the bodily injury, and the victim of the bodily injury, the Defendant recognized his mistake at the latest, and the fact that the amount of damage to the larceny of this case is a small amount of KRW 1,600, etc.

However, the defendant committed a number of crimes of this case including violent crimes during the period of repeated crime due to the same crime, the defendant has been punished more than 25 times, and most of them are the same violent crimes of this case and interference with the same duties. Each of the crimes of this case is committed against nurses, bus officers, police officers, etc. who perform their duties in a peaceful manner, and is disadvantageous to the defendant.

In full view of the above circumstances, including the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable.

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