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(영문) 춘천지방법원 강릉지원 2018.12.20 2018노368
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed the instant crime with a misunderstanding of facts or by misapprehending the legal doctrine was committed under the mental and physical weakness where it is difficult for the Defendant to properly change drinking materials while taking the mental and physical weakness.

Nevertheless, the judgment of the court below without considering these circumstances is erroneous in the misunderstanding of facts or in the misapprehension of legal principles.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below on the assertion of misunderstanding of facts or misapprehension of legal principles, the defendant was under the influence of medical care for mental illness prior to 20 years, and was under the influence of alcohol at the time of the instant case. However, in full view of the method and method of the instant crime, the defendant's act before and after the instant crime, the defendant's statement contents and attitude at the investigative agency and court, and the degree of memory for the instant crime, the defendant was under the weak ability or decision-making ability at the time of the instant crime.

does not appear.

Therefore, we cannot accept the defendant's above assertion.

B. The Defendant recognized all of the instant crimes and reflects his fault in depth with respect to the determination of the illegality of sentencing.

In addition, the lower court did not seem to have agreed with one of the victims and the degree of damage caused by the instant case.

However, the defendant has already been punished for the same kind of crime, and in particular, the defendant has not been aware of it during the period of repeated crime due to the same crime, and again committed the crime of this case.

One of the victims has not reached an agreement.

In addition, considering various sentencing conditions shown in the records and arguments, such as the defendant's age, sex, environment, and circumstances before and after the crime, the sentence against the defendant is too unreasonable.

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