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(영문) 인천지방법원 2017.09.15 2017노1370
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (4 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. In the past, the Defendant, while under the influence of alcohol, assaulted the victims of the first two victims, who were in a dangerous object without any particular reason in the state of drinking, and assaulted the victims of the first two victims, who were in a state of drinking, by assaulting the victims of the second two victims, who were in a state of drinking and were punished several times (one time of suspension of the execution of imprisonment with prison labor, and three times of fines).

The nature and nature of the crime of this case are considerably poor and hot, and the risk of recidivism remains as long as the defendant does not improve the wrong drinking habits.

I seem to appear.

However, the Defendant recognized all of the crimes of this case, against his mistake, and the victims did not want punishment against the Defendant.

The degree of injury suffered by the victim is not severe, and the crime of this case seems to have been committed under the influence of alcohol by the defendant under the influence of alcohol.

The Defendant appears to be under the influence of alcohol after being dismissed by the Company on the day of the instant case. The Defendant’s wife appears to have been under the influence of alcohol, such as economic difficulties. The Defendant’s wife, while continuing to pay attention to and guide the Defendant, wanting to take the Defendant’s wife, and the Defendant also expressed his intent to stop drinking.

In light of the above circumstances, comprehensively considering the Defendant’s age, sex, career, environment, family relationship, motive and background of the instant crime, means and methods, results, etc., and all the sentencing conditions indicated in the present case’s records and arguments, rather than immediately isolation from society by sentencing the Defendant’s sentence, the Defendant is given an opportunity to repeat the Defendant as a member of society.

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