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(영문) 창원지방법원 2014.04.15 2014노461
폭력행위등처벌에관한법률위반(상습상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder or mental disability under the influence of alcohol at the time of committing the instant crime.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental disorder, even though the defendant was aware that he had a drinking condition at the time of the crime of this case, the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime, in light of the defendant's usual drinking volume, the background leading up to the crime, the means and method of the crime, and the circumstances after the crime.

Since it seems that the defendant's mental and physical disability cannot be seen as being or weak, the defendant's argument is without merit.

B. It is recognized that the defendant's decision on the argument of unfair sentencing reflects his fault and agrees with the victim.

However, from July 25, 198 to January 25, 2013, the Defendant was punished at 25 times as the same crime or from July 25, 198 to January 25, 2013. In particular, the Defendant was sentenced to imprisonment on January 20, 2010 with prison labor for the crime of injury, etc. on October 8, 2010 and completed the enforcement of the above sentence, but was sentenced to a fine on May 1, 2012 and a crime of assault on January 25, 2013. The Defendant was punished by imprisonment with prison labor for a limited term of not less than 3 years. The Defendant was punished by imprisonment with prison labor for a limited term of not less than 3 years.

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