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(영문) 창원지방법원 2018.03.29 2018노206
상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was under the influence of alcohol and committed the instant crime under the influence of mental and physical disorder.

2) Improper sentencing

B. Prosecution’s improper sentencing

2. Determination

A. According to the record as to the Defendant’s mental and physical assertion, even though the circumstance in which the Defendant was under the influence of alcohol at the time of committing the instant crime, considering the details and method of the crime, the contents of the crime, and the conduct before and after the instant crime, it cannot be deemed that the Defendant’s physical and mental disorder led to the crime under the influence of distinguishing things or

Defendant’s assertion that the Defendant had a mental disorder at the time of committing the instant crime is rejected.

B. Even when considering the circumstances that the Defendant and the Prosecutor were informed on the grounds of appeal regarding each of the unfair arguments on sentencing, the lower court appears to have determined the punishment within a reasonable scope, taking full account of the overall circumstances regarding sentencing.

B. There are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

The argument of the defendant and the prosecutor that the sentencing of the court below is unfair is not accepted.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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