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(영문) 대전고등법원 2020.10.16 2020노282
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state that, at the time of having committed the instant crime, the Defendant had weak ability to discern drinking alcohol from drinking things or make decisions.

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

2. Determination

A. According to the record of the judgment on the claim of mental disability in this case, the defendant can be acknowledged that he had drinking alcohol at night prior to the crime of this case. However, in light of the background, method and method of the crime of this case, the circumstance before and after the crime of this case, etc., it does not seem that the defendant had weak ability to discern things or make decisions due to the above circumstances at the time of crime.

Therefore, the defendant's argument of mental disability is without merit.

B. The lower court determined on the assertion of unfair sentencing: (a) takes into account the following circumstances into account: (b) the crime of this case was committed; (c) the nature of the crime is not good in light of its process, method and mode; (d) the place of the crime; and (e) the degree of damage; and (e) the Defendant reported to 112 that the victim’s female children were dead by using cruel violence to the victim without complying with the victim’s female children; (c) the victim suffered a large physical and mental pain; (d) the Defendant wanted to escape from the Defendant’s severe physical and mental pain; and (e) the Defendant committed the instant crime without being aware of the history of punishment two times for the crime similar to this case; and (e) the Defendant committed the instant crime without being aware of the fact that the Defendant recognized the crime; (e) the Defendant was under pharmacologic treatment after the examination of depression and yellow disorder; and (e) the Defendant’s family members, such as her children, etc., given favorable circumstances, age, character and behavior, environment, etc.

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