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(영문) 대구지방법원 2019.01.31 2018노4130
의료법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of each of the instant crimes against mental and physical illness, the Defendant was in a state of mental disability at the time of the instant crimes. 2) The sentence imposed by the lower court on the Defendant (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. According to the records of this case as to the claim of mental retardation, it is not deemed that the defendant had a weak ability to discern things or make decisions at the time of each of the crimes in this case, and therefore, this part of the defendant's assertion is without merit, in light of the following circumstances: (a) it is recognized that the defendant used beer and beer before he commits the crimes in Article 1-1 (a) and (2); (b) it is deemed that he has taken the hand-off and ske method before he commits the crimes in Article 1-1 (b) and (2); and (c) considering the circumstances such as the circumstances, means and methods of each of the crimes in this case; (d) the defendant's attitude and words before and after

B. We examine both the prosecutor's decision on the assertion of unfair sentencing and the defendant's assertion of unfair sentencing, and the court below found that the defendant had been punished several times due to violence, obstruction of performance of official duties, obstruction of business, etc., and was punished for a crime similar to this case before three years. Each of the crimes of this case was committed by the defendant who was sentenced to the suspension of the execution of six months of imprisonment for habitual gambling, and committed the criminal under the suspension of the execution of six years, and the defendant did not receive a letter from the victims, under the unfavorable circumstances, most of the defendant's violent crimes were old, and most of the defendant's violent crimes were old, and the defendant did not have health conditions due to alcohol infection, and the use of the defendant without attending at the time of each of the crimes of this case and without drinking alcohol and even after drinking alcohol exemption seems to affect each of the crimes of this case.

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