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(영문) 대전고등법원 2013.12.11 2013노462
강도상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was in a state of weak mental and physical disorder due to cerebral leopy disorder and the state of drinking.

B. The lower court’s sentencing (three years and six months of imprisonment) is too unreasonable.

2. According to the records of the judgment on the claim of mental disability, it can be acknowledged that the defendant dices a little amount of alcohol at the time of the case and had inconvenience due to cerebral disease. However, considering the circumstances leading to the crime of this case, the speech and behavior at the time of the crime, and the circumstances after the crime, etc., the defendant does not seem to have the ability to discern things or make decisions at the time of the crime, and thus, the defendant's assertion

3. It is true that there is a favorable circumstance for the defendant, such as the fact that the defendant has both committed the crime and committed the crime. The defendant is suffering from brain-disease disorder due to traffic accident, his parent's death, resulting in the crime of this case. The amount of damage is not relatively large, and the victim was fully returned to the victim at the arrested site, and the degree of injury of the victim was not excessive.

However, in light of the Defendant’s criminal history and the gravity of the instant crime, it is highly likely that the Defendant committed the instant crime. Taking into account the following circumstances, the Defendant’s age, character and behavior, character and environment, intelligence and environment, motive, means and consequence of the instant crime, and all other circumstances constituting the conditions of sentencing, such as the following circumstances: (a) the Defendant was sentenced to imprisonment or imprisonment with prison labor for more than five times for the most traffic accidents; (b) the Defendant’s execution of the sentence was completed during the repeated crime period in which two months elapsed; and (c) the Defendant committed the instant crime; and (d) the Defendant’s commission of the instant crime was highly likely to be subject to criticism; and (e) the lower court’s sentence imposed by the lower court is too excessive.

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