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(영문) 대전지방법원 2017.12.14 2017노2438
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the crimes of this case, the Defendant was in a state of mental and physical weakness due to the principal activity.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical weakness, the defendant was deemed to have served alcohol at the time of each of the crimes of this case, but the defendant was in a state of lacking ability to discern things or make decisions.

Since the defendant's mental and physical weakness cannot be seen, we cannot accept the defendant's argument.

B. As to the wrongful argument of sentencing, it is recognized that the defendant recognized the crime of this case in the trial of the party, and reflects the mistake, and that the defendant has no record of the same crime.

However, the defendant's crime of this case was committed by assaulting and threatening the victim who is the wife of male who was in internal relations with the defendant, and the nature of the crime is bad, and the defendant did not agree with the victim, and considering all the conditions of sentencing as shown in the records and theories of the case, including the defendant's age, sex, environment, motive, means and result of the crime, etc., the sentence of the court below against the defendant cannot be deemed unfair because the sentence of the defendant is too too unreasonable. Thus, there is no reason to believe that the defendant's illegal assertion of sentencing is without merit.

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

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