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(영문) 창원지방법원 2016.09.01 2016노1370
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the crime, the Defendant had no or weak ability to discern things or make decisions due to the use of taking or drinking.

B. The sentence of the judgment of the court below on unreasonable sentencing (one hundred months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. In light of the following: (a) the determination of the assertion of mental disorder; (b) the background leading up to the Defendant to commit the crime; (c) the means and methods of committing the crime; and (d) the circumstances after committing the crime, etc., there was no ability to

Since it seems that the defendant was in a state or weak condition, the defendant's assertion is without merit.

B. Determination on the assertion of unfair sentencing is based on the following facts: (a) the defendant made a confession of the crime and is against the defendant; (b) the victim does not want the punishment against the defendant; and (c) the degree of injury is a favorable reason for sentencing; (c) the crime of this case is dangerous by saw the victim's shoulder and neck with a saw (34mm in length on a saw day), which is a dangerous object; (d) the criminal records of violence are 23 times; and (e) the defendant committed the crime of obstruction of performance of official duties for eight months and three months after the release of the defendant.

In full view of the above sentencing factors, considering the Defendant’s age, family relation, economic situation, background and motive leading to the crime, and all other matters regarding the sentencing specified in the records and arguments in this case, the judgment below’s punishment is deemed appropriate, and the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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