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(영문) 대구지방법원 2018.09.07 2018노2392
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. When committing the instant crime, the Defendant, who was physically and mentally deprived or physically weak, was under the influence of alcohol, was in a state of mental and physical loss or mental weakness.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the defendant could be found to have been under the influence of alcohol at the time of committing the instant crime.

However, in light of the background leading up to the instant crime, the means and method of the instant crime, etc., it cannot be deemed that the Defendant did not have or lacks the ability to discern things due to drinking at the time of the instant crime.

Therefore, this part of the defendant's argument is without merit.

B. It is recognized that whether sentencing is unfair or not the defendant recognized and reflected the instant crime, and that the defendant agreed with the victims.

However, the crime of this case is also recognized, such as assaulting the victim E on the part of the principal branch of the lawsuit, which is a dangerous object of the defendant, and inflicting an injury on the victim D, and the crime of this case was committed during the suspension of execution due to drinking driving, and the defendant committed the crime of this case.

In addition, comprehensively taking account of the following circumstances: Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, etc.; and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentencing of the lower court is not unfair.

Therefore, this part of the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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