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(영문) 인천지방법원 2017.02.08 2016노4905
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime with mental disorder, the Defendant was in a state of mental and physical weakness.

B. The sentence of the lower court’s improper sentencing (three years 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 drinking alcohol at the time of committing the instant crime, in view of the motive and circumstance of the instant crime, the method and method of the crime, and the circumstances before and after the instant crime, etc., which were acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant had the ability to discern things or make decisions due to drinking.

We cannot see that the defendant's mental disorder is rejected.

B. There are circumstances that may be considered in light of the circumstances, such as the fact that the Defendant recognized the instant crime and reflected in the judgment of the court below, and that the injured party did not want the punishment of the Defendant by agreement with the victim.

However, the crime of this case is committed by using the knife, which is a deadly weapon at the defendant's minor cost, causing injuries to the victim two times or knife, and the nature of the crime is heavy in light of the method and result of the crime; the defendant has a majority of the records of punishment by violence; the defendant has a majority of the records of punishment by violence; the crime of this case has been avoided and escaped without being aware of the fact that there is no special change after the decision of the court below was made; the defendant's age, sex behavior, occupation and environment; the defendant's motive and background leading to the crime of this case; the circumstances after the crime of this case, etc. are taken into account, it is not recognized that the sentence of the court below is unfair because it is too unreasonable even if the above circumstances favorable to the defendant are considered.

Therefore, we cannot accept the defendant's unfair argument of sentencing.

3. Thus, the defendant's appeal is correct.

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