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(영문) 수원지방법원 2012.12.21 2012노4831
상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant (1) was under the influence of alcohol at the time of the instant crime, and the Defendant was unable or weak to discern things or make decisions.

(2) The lower court’s imprisonment (four months of imprisonment) against the Defendant of unreasonable sentencing is too unreasonable.

(b) The above sentence against the prosecutor's defendant is too uneasible and unfair;

2. Determination

A. According to the records of the instant case’s determination on the assertion of mental disorder, it is recognized that the Defendant had drinking alcohol at the time of the instant crime.

However, in full view of the following: (a) the Defendant was unable to discern things or make decisions due to drinking at the time of the instant crime; (b) the amount of drinking alcohol; (c) the background and method of the instant crime; and (d) the Defendant’s speech and attitude before and after the instant crime;

It does not seem that there was any or weak state.

The defendant's above assertion is not accepted.

B. Determination of unfair sentencing by the Defendant and prosecutor on the assertion of unfair sentencing is also made.

In full view of various sentencing conditions indicated in the records of this case, such as the circumstances favorable to the defendant, such as the defendant's deposit of KRW 2 million for the victim E when the defendant was in a trial, the defendant's entry into a restaurant while drinking alcohol, frighting the defendant, drinking away from the restaurant operator who is aware of the child (three years old), and the nature of the crime is very poor, and the defendant suffered from a fine twice by violence, and the defendant has a record of being punished by a fine, etc., which are disadvantageous to the defendant, such as circumstances such as the motive for the crime of this case, the motive for the crime of this case, the age, character and conduct of the defendant, and the circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the court below is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3.

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