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(영문) 인천지방법원 2017.04.14 2017노684
특수상해등
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 committing the instant crime.

B. The lower court’s sentence (10 months of imprisonment) against an unjust defendant is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, although it is recognized that the defendant was somewhat drunk at the time of the crime of this case, considering the background, process of the crime, the defendant's behavior before and after the crime of this case, it does not seem that the defendant had no or weak ability to discern things, and therefore, the defendant's mental and physical disorder argument is without merit.

B. It is recognized that the victims do not want the punishment of the defendant, the defendant recognized and reflects all the facts of the crime, and the family members of the defendant wanted to take the defendant's preference against the defendant. On the other hand, the crime is considerably poor in light of the victim's intimidation, assault and the degree of injury, the circumstances leading to the defendant's crime, and the circumstances that led to the crime, etc., and the defendant seems to have high risk of repeating the crime, such as suspended sentence of imprisonment during the period of the crime. In addition, considering the various circumstances, including the defendant's age, sex and environment, motive, means and result of the crime, the circumstances after the crime, the balance of punishment with other accomplices, etc., the defendant's punishment is too unreasonable, and there is no reason to believe that it is unfair for the court below to have excessively justified.

3. In conclusion, 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 without merit. It is so decided as per Disposition.

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