(영문) 대구지방법원 2017.10.27 2017노3374 | 리걸엔진

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Reasons

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자간(%)

(영문) 대구지방법원 2017.10.27 2017노3374

상해

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was in a state of mental and physical loss or mental weakness due to drinking at the time of committing the instant crime.

2) The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. According to the records on the Defendant’s assertion of mental and physical disorder, even though the Defendant was in a drunken state at the time of committing the instant crime, considering such circumstances, it is not deemed that the Defendant’s ability to discern things or make decisions at the time of committing the instant crime was lost or weak, in light of the background of the instant crime, the means and methods thereof, the Defendant’s attitude before and after committing the instant crime, and the circumstances after committing the instant crime.

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

B. Under our criminal litigation law, which takes the principle of court-oriented and direct determination of the unfair argument of sentencing by the defendant and the prosecutor, there exists a unique area of the first instance judgment as to the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance judgment, and the first instance judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, we examine the unfair argument of sentencing by the defendant and the prosecutor, together with regard to the unfair argument of sentencing by the defendant and the prosecutor, and there is a history of punishment several times, including imprisonment with prison labor for the defendant and suspension of execution due to violent crimes, and the crime in this case was committed during the period of probation due to special assault, and the degree of injury inflicted by the defendant is relatively heavy, and the records and changes in the records of this case and circumstances after the defendant's age, sex, environment, family relations, etc.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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