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(영문) 대구지방법원 2015.06.25 2015노1531
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in the state of mental disorder or mental disorder.

B. The lower court’s imprisonment (eight months of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the claim of mental retardation, the defendant is recognized as suffering from the current alcohol survival certificate, but in light of various circumstances such as the circumstances leading to the crime, the means and method of the crime, and the circumstances after the crime, etc., the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime in this case.

Since it does not seem that the defendant was in a state or weak condition, the above argument of mental disability of the defendant is without merit.

B. The Defendant’s decision on the assertion of unfair sentencing is to recognize the instant crime and reflect the mistake, and that the Defendant has no criminal record on the same kind of offense is favorable to the Defendant.

On the other hand, even though the victim suffered serious injury, the defendant did not make full efforts to recover damage, such as agreement with the victim, up to the trial, and the fact that there is no other special change in circumstances is disadvantageous to the defendant.

In addition, there is no type 1 (general injury) [the scope of recommending person] [the scope of recommending person] of the basic area of the defendant's age, character and conduct, environment, the background and result of the crime of this case, the circumstances after the crime of this case, etc., and the application of the sentencing guidelines by the Sentencing Committee of the Supreme Court [the decision of type]. The basic area of the defendant's age and character, the environment, the circumstances after the crime of this case and the result of the application of the sentencing guidelines by the Sentencing Committee of the Supreme Court. The defendant's above assertion

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal of this case is without merit.

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