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(영문) 춘천지방법원 2014.10.29 2014노575
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a state of weak ability to discern things or make decisions due to mental illness and drinking.

B. The sentence imposed by the court below on the defendant (five months of imprisonment) is too unreasonable.

2. Determination

A. In light of the following: (a) determination on the claim of mental suffering from mental retardation; (b) the background leading up to each of the instant crimes; (c) the means and methods of committing the crime; and (d) the circumstances after committing the crime, etc., it cannot be deemed that the Defendant was in a state of having the ability to discern things or make decisions at the time of each of the

B. Each of the crimes of this case on the assertion of unfair sentencing had unfavorable circumstances such as the nature of the crime in light of the form, frequency, distance, etc. of the crime, the defendant was punished for the same crime several times and the defendant was tried to commit the crime in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., but the defendant recognized each of the crimes of this case and has an opportunity to reflect on his life for a considerable period of time, the victim R of the damaged crime of this case expressed his intention not to want the punishment of the defendant at the investigation stage, and the defendant expressed his intention that the victim of each of the crimes of this case did not want the punishment of the defendant at the investigation stage. The victim of each of the crimes of this case did not want the punishment of the defendant, there was no record of sentence of the defendant, the balance between the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Death on Dangerous Driving), the defendant's health status is not good, and the motive, circumstances, and other circumstances leading up to each of the crimes of this case.

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