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(영문) 창원지방법원 2018.12.06 2018노2216
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each of the instant crimes committed by the Defendant with mental or physical disorder is under the influence of alcohol, thereby being committed in a state of mental or physical loss or mental weakness.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is recognized that the defendant had drinking alcohol at the time of each of the instant crimes.

However, in light of the circumstances leading to each of the instant crimes, the Defendant’s movement at the time of committing the instant crimes, the means and methods of committing the instant crimes, and the circumstances after committing the instant crimes, the Defendant had no or weak ability to discern things or make decisions due to drinking.

It is difficult to see it.

Therefore, the defendant's above assertion is without merit.

B. Even if the Defendant’s judgment on the unfair argument of sentencing considers the circumstances favorable on the grounds of appeal, the lower court appears to have determined the sentence within a reasonable scope by fully taking into account all the circumstances regarding the sentencing.

B. 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 above assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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