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(영문) 광주지방법원 2018.02.22 2017노1787
상해등
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 loss or mental weakness under the influence of alcohol at the time of the instant case.

B. The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.

2. According to the record on the assertion of mental and physical disorder, even though the defendant was deemed to have a drinking condition at the time of the crime of this case, in light of the background of the crime of this case, the defendant's movement at the time of the crime, the means and method of the crime, and the circumstances after the crime, etc., the defendant was in a state of having no or weak ability to discern things or make decisions

It does not seem that it does not appear.

The defendant's assertion in this part is not accepted.

3. In full view of the following circumstances: (a) the Defendant’s error in the determination of the unfair argument of sentencing is against the Defendant; (b) the Defendant’s compensation for damage to the entrance damaged by the Defendant was agreed upon with the victim D; and (c) the fact that there was no previous conviction for the same kind of crime; (d) the circumstances at a disadvantage, such as the Defendant’s age, sex, environment, family relationship, circumstances after the commission of the crime; and (e) other unfavorable conditions of sentencing as shown in the instant records and arguments, such as the fact that there is no good quality of the crime committed in the event of causing injury to the victim by destroying the entrance of the amusement center under the influence of alcohol and demanding compensation therefor; and (e) the Defendant’s age, sex, environment

4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

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