logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.06.22 2018노1453
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who was under medical treatment at the time of committing the instant special injury or damage to property, was in a state of mental or physical loss or weak mental or physical weakness, with a large number of alcohol, or with lack of ability to discern or make decisions.

B. The sentence sentenced by the court below to the defendant (the fine of 8 months, 1,000,000 won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental or physical loss or mental weakness, the defendant was engaged in drinking to a certain extent at the time of committing the instant special injury, etc., and the mental and physical therapy is acknowledged, but in full view of various circumstances such as the background and details of the instant crime, and the defendant's behavior before and after the instant crime, it cannot be deemed that the defendant did not have the ability or decision-making ability to discern things at the time of committing the instant crime, and therefore, the above assertion by the defendant is without merit.

B. A favorable circumstance is that the defendant recognized the facts charged in this case and reflected the facts charged, and the victims do not want the punishment by agreement with the victims, etc. regarding the unfair argument of sentencing.

However, the point of the special injury of this case is bad in quality to inflict bodily injury, which is a dangerous object, the defendant violated the code of conduct, even though he was subject to an order to attach an electronic tracking device and imposed an order to attach an electronic tracking device, the defendant also violated the code of conduct, and the defendant committed a crime of this case even though he was punished once as a crime of violating the Act to attach an electronic device within a repeated crime period after having been sentenced to three years of imprisonment due to a crime of causing bodily injury by force, etc., and the execution of the sentence was completed, and committed another crime of this case. In addition, the records and arguments of this case, such as the defendant's age, sexual behavior, environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime, etc.

arrow