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(영문) 대구지방법원 2017.07.05 2017노673
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was mentally and physically in a state of mental weakness, which lacks the ability to discern things or make decisions due to a mental divided disease.

B. The sentence sentenced by the lower court to the Defendant (an amount of two million won) is too unreasonable.

2. Determination

A. According to the records of this case’s determination as to the assertion of mental and physical weakness, the fact that the Defendant was hospitalized in H hospital from June 7, 2016, which was the day of the instant crime, and received treatment after receiving a diagnosis of unknown mental fission disease.

However, this case is a case where the defendant reported the victim who caused bodily harm to himself, thereby causing bodily harm to the victim. In light of various circumstances, such as the motive and background of the crime, the details of the crime, the behavior of the defendant before and after the crime, the statement of the defendant in the investigative agency, etc., it cannot be deemed that the defendant lacks the ability to discern things or make decisions at the time of the crime of this case. Thus, the above assertion by the defendant is without merit.

B. The Defendant seems to have no record of criminal punishment in the Republic of Korea as a foreigner of Chinese nationality, and the degree of injury of the victim seems not to be serious.

However, the crime of this case was committed by the defendant without any special reason by causing another injury to the victim. It is not good that the crime of this case was committed by the defendant, and it was not agreed with the victim.

In addition, considering the various circumstances shown in the records and arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment imposed by the court below cannot be deemed unfair because it is too unreasonable. Thus, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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