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(영문) 대전지방법원 2014.11.27 2014노2694
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was in a state with weak capacity to discern things or make decisions due to the state of the instant case.

B. The sentence of imprisonment (six months of imprisonment) imposed by the lower court is excessively unreasonable.

2. According to the evidence duly admitted and examined by the court below, the defendant did not have the ability to discern things or make decisions due to drinking at the time of the instant case.

Therefore, this part of the defendant's assertion is without merit.

3. Although the defendant's judgment on the assertion of unfair sentencing is class 3 of disability, and the circumstances that are economically difficult are acknowledged, the defendant was sentenced to the same punishment in the year 2012, and the crime of this case is a criminal act during the repeated crime period, the defendant's student who passed without any particular reason is not guilty, and thus, the crime is not good, and there are several times of violence prior to the defendant, there are no circumstances such as agreement with the victim or repayment of damage until the trial, and there are no other circumstances such as the defendant's age, character and behavior, environment, motive, means and result of the crime, the circumstances before and after the crime, etc., the defendant's punishment imposed by the court below is too unreasonable. Thus, this part of the defendant's assertion is without merit.

4. 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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