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(영문) 창원지방법원 2017.01.19 2016노3096
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant committed the instant crime under the influence of alcohol with mental and physical loss or mental weakness.

2) The sentence sentenced by the lower court to the Defendant (one month of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence imposed by the Defendant is too uneasible and unreasonable

2. Determination

A. In light of various circumstances, including the circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mental and physical disorder, the Defendant’s act before and after the crime, and the Defendant’s detailed statement in detail at the time of the crime, etc., the Defendant had no or weak ability to discern things at the time of crime

Since the defendant cannot be seen, the above argument by the defendant is rejected.

B. As to the wrongful assertion of sentencing, the lower court, as stated in detail in the grounds for the sentencing, has determined the sentence by fully taking into account the circumstances surrounding the sentencing of the Defendant, and within the reasonable scope.

Therefore, since the court below's sentence is too heavy or it cannot be deemed unfair because it is too heavy.

Therefore, we cannot accept all the argument that the sentencing of the defendant and the prosecutor is unfair.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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