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(영문) 서울중앙지방법원 2018.01.26 2017노4487
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendant, at the time of the instant crime, was under the influence of alcohol and had weak ability to vindicate things or make decisions.

B. The punishment of the lower court is too heavy.

2. Determination

A. In light of the contents of the judgment of the court below as to the assertion of mistake of facts, the court below's determination that the defendant did not lack the ability to discern things or make decisions at the time of the crime of this case is just and acceptable, and there is an error of law by erroneous determination of facts.

shall not be deemed to exist.

B. The sentencing criteria for the instant crime in accordance with the sentencing criteria set by the Supreme Court Sentencing Committee for determining the unfair argument of sentencing are from two years to four years of imprisonment (the sentencing criteria for the instant crime falls under the mitigated area in cases where it is recognized that the injury suffered by the victim is a minor injury by interpreting the maximum favorable interpretation of the Defendant as to the crimes of violence, the type 1 of habitual injury, the basic area, and the basic area. The sentencing criteria refer to two years and six months of imprisonment from one year and six months to one year and six months). However, the court below sentenced a sentence that falls short of the lower limit of the sentencing criteria, together with all other circumstances and all other conditions of the sentencing specified in the records, the sentence imposed by the court below is too heavy.

shall not be deemed to exist.

3. The defendant's appeal is dismissed.

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