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(영문) 청주지방법원 2018.01.25 2017노1446
특수상해
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of committing the instant crime, the Defendant was under the influence of alcohol, loss of mental or physical disorder, or in a state of mental or physical weakness.

2) The sentence of the lower court (one month of imprisonment, one month of forfeiture) that was unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The Defendant was deemed to have had the ability or ability to make a decision on the Defendant’s mental and physical disorder at the time of committing the instant crime, but in light of the background, means and methods of the instant crime, and the conduct before and after the instant crime, etc., the Defendant was in a state that he did not have the ability or ability to discern things at the time of committing each of the instant crimes.

It does not seem that it does not appear.

This part of the defendant's assertion is without merit.

B. Circumstances unfavorable to the Defendant regarding the Defendant’s wrongful assertion of sentencing by the Defendant and the Prosecutor are as follows.

The crime of this case is committed by the defendant with the knife of the victim while under the influence of alcohol, and the method of the crime is very dangerous.

The defendant did not reach an agreement with the victim and the victim wanted to punish the defendant.

Circumstances favorable to the defendant shall be as follows:

The defendant is led to confession, has been detained for a considerable period of time, and is in depth against his depth.

As the Defendant was in dispute with the victim during the time of violence, the Defendant committed a contingent crime. When the Defendant first knife the body of the victim, he was knife the knife with the body of the victim. However, even though the knife was knife with the body of the victim, the knife was cut off, and the knife was scened by the knife while the act was repeated three times, and caused the knife to the body, there are circumstances to be considered in the course of the crime

Damage suffered by the victim does not reach a long-term damage as an open upper part of the double wall requiring treatment for about 2 weeks (large 2 cm, 4 cm in depth) and in parallel.

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