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(영문) 대전지방법원 2015.07.15 2014노3363
폭력행위등처벌에관한법률위반(상습상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the record of determination on the assertion of mental disorder, the fact that the defendant was treated as a alcohol alcohol or other mental and behavioral disorder (Evidence 29 pages and evidence 1 of the record of proceedings) and the defendant at the time of each of the crimes in this case can be acknowledged that the defendant was in the state of drinking alcohol.

However, in light of the Defendant’s statements at the police station, most of the circumstances at the time of committing the instant crime, motive for committing the instant crime, etc. appears to be specific memory (Article 1, 31 through 36 of the Investigation Records, 2, 22 through 23, 56 of the Investigation Records), comprehensively taking into account the circumstances leading up to the instant crime, the means and method of committing the instant crime, and the circumstances after committing the instant crime, the Defendant did not have the ability to discern things or make decisions due to drinking at the time of each of the instant crimes.

Since it seems that the defendant was in a state or weak condition, the above argument of the defendant's mental disorder is rejected.

B. The circumstances favorable to the Defendant include: (a) the Defendant’s acknowledgement of all the instant crimes and reflects on the determination of unfair sentencing; (b) the victims did not agree with the victims to punish the Defendant; and (c) the Defendant appears to have committed each of the instant crimes by drinking alcohol.

Meanwhile, in light of the motive and method of each of the crimes of this case, such as the Defendant committed the crime of this case during the period of repeated crime committed by the same crime, the degree of injury inflicted upon the Defendant D, who is a criminal defendant, does not seem to be minor, and the Defendant assaults persons around the surrounding area without any reason, etc.

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