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(영문) 부산고등법원 2016.10.12 2016노489
중상해
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for four years.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) The Defendants were under the influence of alcohol at the time of the instant crime, so as to lack the ability to discern things or make decisions. 2) The sentence of the lower court’s sentence against the Defendants on unreasonable sentencing (five years of imprisonment) is too unreasonable.

B. The sentence imposed by the lower court on the Defendants by the prosecutor is too unhued and unreasonable.

2. Determination

A. According to the record as to the Defendants’ claim of mental disability, even though the Defendants were in a state of drinking alcohol at the time of committing the instant crime, the Defendants did not seem to have the ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime in light of the circumstances leading up to the instant crime, the means and methods of committing the instant crime, and the circumstances after committing the instant crime. Therefore, the Defendants’ assertion is without merit.

B. As to the assertion of unfair sentencing by the Defendants and the prosecutor, the crime of this case was committed on the grounds that the Defendants committed the crime of this case on the grounds that the Defendants were subjected to a brupted punishment by assaulting the victim without any discrimination, causing serious injury to the victim, such as the victim’s alleys, ducts, etc., and damage to the left-hand force. At the time of this case, the victim was living in a state where his awareness was unknown, and the Defendants were not good in circumstances after the crime, such as escape without relief measures against the victim who was used immediately after the crime, and until now the victim had been tried to undergo several operations, and the victim was suffering from a subsequent disability. Nevertheless, the Defendants did not take any particular measures for the recovery of damage, and Defendant A did not receive a license from the victim; Defendant A had a number of records of criminal acts including the same kind of crime; and in particular, Defendant A committed the crime of this case during the same kind of repeated crime.

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