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(영문) 수원지방법원 2016.08.31 2016노4577
특수폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental and physical weakness was under the influence of alcohol at the time of committing the instant special assault and damage to property.

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

2. Determination

A. According to the records on the assertion of mental and physical weakness, it is recognized that the Defendant had drinking alcohol at the time of committing the instant special assault and damage to property, but in light of the circumstances leading up to each of the above crimes, the method and circumstances at the time of committing the crime, etc., it is not deemed that the Defendant did not have the ability to discern things or make decisions due to drinking alcohol at the time of each of the above crimes.

Therefore, the defendant's mental and physical weak argument is without merit.

B. The Defendant is against the crime of determining the unfair argument of sentencing.

However, for a short period of three months, the Defendant committed several crimes in this case, and the damaged goods in the crime of embezzlement were not restored to the victim.

In particular, the crime of the special assault of this case is a dangerous crime that has a knive knife knife to the victim and may cause more damage.

Defendant also has 20 times criminal records, such as fraud, bodily injury, theft, etc.

Therefore, the defendant needs to be punished for each of the crimes in this case.

In addition, considering all other circumstances such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the sentence of the court below is too unreasonable.

Therefore, the defendant's improper 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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