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(영문) 수원지방법원 2016.11.30 2016노6431
특수상해등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant with mental disorder was under the influence of alcohol at the time of each of the instant crimes, and was unable or weak to discern things or make decisions. (2) The lower court’s sentence of unfair sentencing (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the record as to the defendant's mental and physical disorder argument, although the defendant was found to have drinking alcohol at the time of each of the crimes in this case, in light of the circumstances leading to the crime, the means and method of the crime, and the circumstances before and after the crime, etc., it cannot be seen that the defendant was under the influence of alcohol at the time of each of the crimes in this case, and therefore, the defendant's allegation in this part is without merit.

B. We also examine the defendant and prosecutor's assertion of unfair sentencing.

The Defendant recognized and reflected the instant crime.

On the other hand, the crime of this case was committed by carrying dangerous objects, causing injury or intimidation, and destroying property, and the nature of the crime is not good.

The victims did not recover from damage.

Defendant has been punished for the same kind of crime, and in particular, committed the crime of this case during the period of repeated crime for the same kind of crime.

In addition, taking into account the following circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the conditions for sentencing as indicated in the instant records and pleadings, the sentence imposed by the lower court is deemed appropriate, and it cannot be deemed that it is too heavy or too unreasonable.

Therefore, this part of the defendant and prosecutor's argument is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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