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(영문) 대구고등법원 2019.01.30 2018노447
감금치상
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant with mental disorder was under the influence of alcohol at the time of the instant crime, and was in the state of mental disorder or mental and physical disability. 2) The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

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

2. Determination

A. According to the record as to the Defendant’s mental and physical assertion, it is recognized that the Defendant had drinking alcohol at the time of the instant crime.

However, in light of the circumstances revealed by the evidence duly adopted and examined by the lower court, the method and method of the crime, and the circumstances after the crime, etc., the Defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime.

It does not seem that there was or was a weak state.

Therefore, this part of the defendant's argument cannot be accepted.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant detained the victim, who is a wife, in his house, carried the victim with a wooden autopsy and drinking, etc., and had the victim drinking fright escape out of the ground through the window of the second floor of the building, and caused approximately 12 weeks of treatment to suffer necessary injury.

In light of the circumstances and contents of the above crime, degree of damage, etc., the liability for the crime is not easy, and the victim seems to feel a considerable physical and mental suffering and fear.

The defendant did not receive a letter from the victim, and did not recover from the damage.

On the other hand, the defendant recognized the crime, and runs deeply against the wrongness.

The defendant has no record of being sentenced to punishment, and the defendant seems to have committed the crime of this case in a drunken state.

In addition to these circumstances, the sentencing conditions indicated in the records of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc.

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