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(영문) 대구지방법원 2017.04.20 2017노1078
모욕등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing each of the instant crimes.

B. The sentence of the lower court (2 months of imprisonment and 600,000 won of fine for the crimes No. 1 and 2 of the lower judgment as indicated in the lower judgment, and 4 months of imprisonment for the crimes No. 3 of the lower judgment) is too unreasonable.

2. Determination:

A. In full view of the evidence duly admitted and examined by the lower court on the assertion of mental and physical weakness, the fact that the Defendant was in a drunken state at the time of each of the crimes of this case is deemed to have existed, but in light of all the circumstances such as the background, content, method, and circumstances after each of the crimes of this case, the Defendant was in a state which lacks the ability to discern things or make decisions.

It does not seem that it does not appear.

Therefore, we cannot accept the defendant's argument of mental and physical weakness.

B. As to the wrongful assertion of sentencing, the following are the circumstances that are favorable to the defendant: (a) the defendant recognized all of the crimes in this case; (b) the victim of the crime interfering with the business in this case did not want the punishment of the defendant; and (c) the existence of depression and alcohol held by the defendant seems to have influenced the degree of the crime; and (d) the crimes in Articles 1 and 2 of the judgment of the court below, which were the concurrent crimes in which the judgment of October 28, 2016 was finalized and the latter part of Article 37 of the Criminal Act should be considered at the same time in relation to the crime subject to trial.

However, the defendant has been punished not less than 20 times for crimes such as insult, interference with duties, interference with the performance of official duties, etc., and the defendant has been tried for the same repeated crime period as well as for one month after being released as the cancellation of detention after being released as a result of the crime of insult, etc., and committed crimes No. 1 and No. 2 in the judgment of the court below, and committed crimes No. 3 in the judgment of the court below again while being prosecuted for crimes No. 1 and No. 2 in the judgment of the court below.

The above circumstances and the Defendant’s age.

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