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(영문) 창원지방법원 2017.06.22 2017노1212
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of each of the instant crimes, the Defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

2) The punishment of the lower judgment (six months of imprisonment) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. In full view of the evidence duly adopted and examined by the court below as to the defendant's mental disorder, the defendant's assertion is without merit, since it is difficult to view that the defendant had no or weak ability to discern things or make decisions, in light of the circumstances leading to the crime, the means and method of the crime, and the circumstances after the crime.

3. Determination on the unfair argument of sentencing by the defendant and the prosecutor, the defendant committed each of the crimes of this case in response to the confession of the crime, the agreement between the victim of each of the crimes in question, and the fact that there is no criminal record exceeding the suspension of the execution of imprisonment is a favorable reason for sentencing. Each of the crimes of injury is a reason for sentencing disadvantageous to the defendant. Each of the crimes of injury was inflicted upon the victim by getting out of the victim's face at the time of the victim's face or by getting out of the victim, and the crime of interference with the execution of official duties was bad in terms of the face of police officers who wear a uniform at the time of each crime, and committed each of the crimes of this case during the suspension of the execution of imprisonment with prison labor due to interference with the execution of official duties, and did not receive a letter from the police officer.

In full view of the above sentencing factors, the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the offense, and all other matters regarding the sentencing indicated in the instant records and arguments regarding the change of the circumstances, the lower judgment’s punishment is determined to be reasonable, and there is no change of circumstances to be considered in the first instance trial, and thus, the Defendant and the Prosecutor’

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