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(영문) 청주지방법원 2015.11.20 2015노1080
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the crime, the Defendant was in a state of mental disorder or mental retardation.

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

2. Determination

A. According to the records on the determination of the allegation of mental disorder, the fact that the defendant was somewhat in a drunken state at the time of committing the instant crime is recognized.

However, in light of various circumstances acknowledged by the evidence examined by the lower court, such as the background leading up to the instant crime, the means and method of the crime, the Defendant’s act before and after the crime, and the circumstances after the crime, the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

It does not seem that there was any or weak state.

Therefore, we cannot accept this part of the defendant's ground of appeal.

B. In addition to the assertion of unfair sentencing, the Defendant appears to have committed the instant crime in depth, except for the assertion of unfair sentencing.

In addition, the Defendant appears to have committed the instant crime in a somewhat contingent manner under the influence of alcohol at the time.

Furthermore, the defendant agreed with the victims and expressed the victims' intention not to prosecute the defendant.

In addition, the fact that the degree of damage caused by the instant crime and the risk of the act cannot be seen to have reached a serious level, etc. should be considered in favor of the Defendant in the course of determining the punishment for the instant crime.

However, the crime of this case committed by the Defendant, while under the influence of alcohol, flaps from the horse on the packing, and flabing the victim D, who is a customer, without any particular reason, and committing an act of assaulting with flab, etc., and thus requiring treatment for approximately two weeks in his hand, resulting in injury requiring treatment, and resulting in the above case, moving to the hospital emergency room.

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