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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.03.11 2015노295
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of alcohol, the Defendant committed the instant crime under the influence of alcohol and lacks the ability to discern things or make decisions, and there are legal grounds for reduction or exemption.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the background, process, means and method of the instant crime, the Defendant’s behavior before and after the instant crime, etc., as to the assertion of mental disability, which was duly adopted and examined by the lower court, were often drinking, but it does not seem that the Defendant had weak ability to discern things or make decisions at the time of the instant crime, and thus, the above assertion by the Defendant is rejected.

B. As to the assertion of unfair sentencing, the Defendant is also a favorable reason for sentencing, such as the fact that the Defendant both led to confession and reflects on the instant crime, the Defendant paid or deposited a total of three million won in the first instance trial to the victim, and deposit an additional amount of three million won in the trial, and the circumstances leading to the occurrence of the instant crime, the Defendant also has considerable responsibility for the victim.

However, the Defendant did not stop assault even if the victim lost his mind on several occasions, and rather, attempted to do assault by using a fire extinguisher and mountain elimb, etc. using the crebrat that the method of crime was very poor, the victim suffered serious bodily injury, and the Defendant did not receive a letter from the victim, and the Defendant did not receive a punishment for suspended sentence due to violent crimes in the past, and comprehensively reviewed various circumstances that are conditions for sentencing, such as age, happiness environment, etc. of the Defendant.

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