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(영문) 의정부지방법원 2016.08.11 2016노349
상해등
Text

The defendant's appeal is dismissed.

Reasons

The Defendant, at the time of committing each of the instant crimes, was in a state of mental and physical loss or mental weakness due to mental illness, such as divesive disorder.

The punishment sentenced by the court below to the defendant (2 million won) is too unreasonable.

Judgment

According to the records on the assertion of mental disorder, it is recognized that the defendant was hospitalized in a medical institution due to the dynamic disorder from July 5, 2015 to August 31, 2015, immediately after the instant case.

However, in light of the overall circumstances, such as the Defendant’s speech and behavior, the specific details of the crime, and the circumstances before and after the crime, the Defendant was in a state of having no or weak capacity to discern things or make decisions at the time of each of the crimes in this case.

subsection (b) of this section.

Therefore, the defendant's mental disorder is without merit.

It is recognized that the defendant has no record of criminal punishment in the past, and that the investigative agency has paid a certain amount of money to the victim of the crime of bodily injury and agreed with the above victim.

However, the crime of injury of this case was committed by the Defendant with no attitude of the victim while borrowing tobacco from the victim, and causing an injury to the victim at the time of the victim by injecting it, etc., and the nature of the crime is heavy in light of the motive and circumstances of the crime, and the method of the crime.

The degree of injury suffered by the victim also is light;

shall not be deemed to exist.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too unreasonable.

Therefore, the defendant's improper assertion of sentencing is without merit.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to appeal.

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