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(영문) 광주지방법원 2017.10.11 2017노2965
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was physically and mentally deprived or physically weak due to drinking, etc.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. According to the record on the assertion of mental and physical disorder, even though the defendant was aware of drinking alcohol at the time of the crime of this case, in light of the circumstances revealed in the argument of this case, such as the background of the crime of this case and the behavior of the defendant before and after the crime of this case, the defendant had no or weak ability to discern things due to drinking, etc.

Therefore, the defendant's above assertion is without merit.

B. It is recognized that the Defendant’s judgment on the wrongful argument of sentencing is divided into his or her mistake, and the degree of injury suffered by the victim is not relatively much serious.

However, considering the Defendant’s age, sex and environment, motive, means and consequence of the instant crime, and the conditions of sentencing as shown in the pleadings of the instant case, such as the circumstance after the crime was committed several times of criminal records, the Defendant again committed the instant crime, but did not recover from damage to the judgment of the court, and the Defendant’s assertion on this part is without merit, given that it is too unreasonable for the lower court’s punishment to be too unreasonable.

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

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