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(영문) 부산지방법원 2012.10.26 2012노2645
상해
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 under the influence of alcohol and had no or weak ability to discern things and make decisions.

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. The defendant's mental and physical disorder is recognized as having been in a certain state of drinking alcohol at the time of committing the crime of this case, but it is difficult to view that there was a lack or weak state of ability to discern things or make decisions. Thus, the above argument by the defendant is without merit.

B. Although the defendant is against the inappropriate sentencing point, and there are favorable circumstances for the defendant, such as the fact that he agreed with the victim, the defendant has been sentenced several times of punishment for the same crime. However, the defendant committed the crime of this case during the repeated crime due to robbery and injury. The crime of this case was committed with heavy injury to the victim without any particular reason, and the crime of this case was committed with heavy injury to the victim without any specific reason, and other circumstances, such as character, character, environment, age, health, motive and circumstance of the crime, means and consequence of the crime, etc. of the defendant, which are the conditions of sentencing as shown in the records, are too unreasonable.

3. According to the conclusion, the defendant's appeal is dismissed for lack of grounds.

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