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(영문) 인천지방법원 2016.10.28 2016노2027
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant merely had a singley with a beer branch sing the glass monitor, but did not have the victim. The victim’s address was caused by the Defendant’s drinking during the process of having the beer’s disease.

B. At the time of the instant crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

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

2. Determination

A. The defendant alleged that he is identical to the above assertion of misunderstanding of facts in the court below, and the court below rejected the above assertion in light of the evidence duly adopted and examined by the court below. Thus, the judgment of the court below is justified, and the above argument by the defendant is without merit.

B. According to the evidence mentioned above, it is difficult to view that the defendant was in a somewhat drunken state at the time of the crime of this case, but it is difficult to view that the defendant lacks the ability to discern things or make decisions. Thus, the above argument by the defendant is without merit.

C. Although there are favorable circumstances for the defendant, such as the fact that the defendant agreed smoothly with the victim, the crime of this case is likely to inflict an injury on the victim's face, which is a dangerous object, and the risk of the act of this case is significant, the defendant committed the crime of this case at another time without being informed of the suspension period due to the crime of violation of the Act on the Control of Narcotics, etc., and the fact that the defendant does not go against the defendant's age, character, character, environment, family relationship, criminal history, motive, means and consequence, degree of injury, relationship with the victim, etc.

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