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(영문) 청주지방법원 2017.01.12 2016노1135
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing each of the instant crimes with mental and physical weakness, the Defendant was in a state of mental and physical weakness under the influence of alcohol.

B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. In light of the background, method, and method of each of the crimes in this case, and the conduct before and after the commission of each of the crimes in this case, it is deemed that the Defendant committed each of the crimes in this case under the influence of shocking and violent acts, and it does not seem that the Defendant did not have reached a state of lacking the ability to discern things or make decisions under the influence of alcohol and violent acts.

Therefore, the judgment of the court below that found the Defendant guilty of each of the facts charged of this case and did not reduce the physical and mental weakness is just and acceptable.

This part of the defendant's assertion is without merit.

B. Circumstances favorable to the Defendant regarding unfair determination of sentencing are as follows.

The defendant is deeply divided and reflected in each of the crimes in this case.

The defendant seems to have caused each of the crimes in this case in a drunken state.

The degree of injury of the victimized police officer seems to be relatively minor.

The defendant is in a position to support his/her family, including his/her children.

Circumstances unfavorable to the defendant are as follows:

At the main point in the influence of alcohol, the defendant threatened, insulting, and injured the police officer dispatched, thereby hindering the execution of official duties.

In 2014, the Defendant had a record of criminal punishment several times including imprisonment with prison labor for the same kind of crime as well as having been sentenced to imprisonment with prison labor for the same crime, and committed each of the instant crimes again for about 10 days after the completion of the execution of the sentence.

The defendant is in the trial of the court.

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