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(영문) 창원지방법원 2017.06.08 2016노3469
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s crime of this case with mental or physical disorder was committed under the state of mental or physical loss or mental weakness by drinking alcohol.

B. The punishment of the lower court’s unfair sentencing (two years of suspended sentence for six months of imprisonment, one year of surveillance of protection, and 60 hours of community service) is too unreasonable.

2. Determination

A. According to the record of the judgment on the assertion of mental and physical disorder, even though the defendant committed each of the crimes in this case under drinking, considering the circumstances of the crime, the process of the crime, the defendant's behavior before and after the crime, etc., it does not seem that the defendant lost the ability to discern things or make decisions, or that the defendant did not have reached a weak state.

The defendant's mental disorder is without merit.

B. We examine the determination of the unfair argument of sentencing, the fact that the defendant recognizes and reflects his/her mistake, and that he/she agreed with the victim.

However, considering the fact that the defendant has four times of punishment for the same kind of crime, the crime of this case is not good in light of its means and results, there is no special change in circumstances to change the punishment of the court below after the decision of the court below was made, and the defendant's age, sex, environment, family relationship, economic situation, circumstances and motive leading to the crime, and all other matters concerning the sentencing as shown in the records and arguments of this case, it is determined that the punishment of the court below is appropriate.

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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