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(영문) 서울중앙지방법원 2016.07.22 2016노1420
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (the mental and physical weak and unfair sentencing);

A. The Defendant was physically and mentally weak at the time of committing each of the instant crimes, or was physically and mentally weak due to mental disorder.

B. The punishment of the first instance judgment (the imprisonment of eight months and fine of three hundred thousand won) that was unfair in sentencing is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental and physical weakness, although the defendant seems to have suffered from a certain mental illness to a certain extent, in light of the content of each of the crimes in this case, the background and method of and methods for the crimes, and circumstances after the crime, etc., the defendant was in a state that he lacks the ability to maintain right and wrong, or make decisions, due to his mental disorder at the time of each of the crimes in this case.

Since the defendant's mental and physical weakness cannot be seen, we cannot accept the defendant's argument.

B. The Defendant agreed with the victim G on the wrongful argument of sentencing, and the appellate court deposited KRW 500,000 for the police officer I and K, and the Defendant led to confession and in depth against the instant crime, and there are circumstances that may be taken into account as well as the circumstances leading to the instant crime, etc., that are not favorable to the Defendant.

However, in consideration of the fact that the Defendant committed the instant crimes and committed the instant crimes at least two months in the absence of a final and conclusive judgment of suspension of execution due to the same crime, and that the crime interfering with the performance of official duties may impede the establishment of legal order and may cause serious harm to the authority of the public authority, it is inevitable to sentence the Defendant to a sentence.

In addition to the above circumstances, considering the various circumstances, such as the Defendant’s age, sex, environment, details and motive of, means and consequence of the crime, the circumstances after the crime, family relationship, and health status, the sentence that the first instance court sentenced against the Defendant is too unreasonable.

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