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(영문) 대구지방법원 2018.12.12 2018노3096
특수상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime (misunderstanding of facts, misunderstanding of legal principles). The sentence (two years of imprisonment) sentenced by the lower court is too unreasonable due to its excessive and unfair (e.g., sentencing). B. Determination on February 2, 198, which is unfair as the sentence imposed by the lower court is too uneasible (e.g., sentencing).

A. According to the record of the instant case’s assertion of misunderstanding of the facts and misapprehension of the legal doctrine, the Defendant was found to have had the ability or ability to make a decision on the subject matter due to drinking at the time of the instant crime in light of all the circumstances, including the background, means and methods of each of the instant crimes, the Defendant’s behavior before and after the instant crime.

It is not visible.

Therefore, the defendant's above assertion is without merit.

B. The fact that the defendant recognized the crime of this case and reflects the determination of the unfair sentencing of the defendant and the prosecutor, and that the defendant has no record of criminal punishment is favorable to the defendant.

The crime of this case is likely to inflict an injury on the victim by destroying beer disease, which is a dangerous object, and the nature of the crime is heavy.

The degree of injury suffered by the victim is also very serious.

Nevertheless, the Defendant did not make all efforts to recover from damage for a considerable period of time.

This is disadvantageous to the defendant.

In addition, there is no special circumstance or change of circumstances that can be newly considered after the pronouncement of the judgment below, and considering the records of this case and all of the sentencing conditions mentioned in the previous theory, such as the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, it does not seem that the punishment imposed by the court below is too heavy or too heavy and unfair.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and thus, all of them are in accordance with Article 364(4) of the Criminal Procedure Act.

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