(영문) 울산지방법원 2018.02.20 2017노1480 | 리걸엔진

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(영문) 울산지방법원 2018.02.20 2017노1480

폭행

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental and physical loss or mental weakness by drinking alcohol.

B. The lower court’s sentence against an unfair defendant in sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. In light of the evidence duly admitted and examined by the court below, the defendant was found to have had the ability to discern things or make decisions due to drinking, in light of the circumstances leading up to the crime, the means and method of the crime, and the behavior and circumstances of the defendant before and after the crime, etc., the defendant was in a state that he did not have the ability to discern things or make decisions due to drinking.

subsection (b) of this section.

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

B. The following are the circumstances favorable to the Defendant: (a) the Defendant appears to have committed a contingent crime in the oral transport; and (b) the Defendant appears to have recognized all of his/her errors and attitude to reflect in depth.

However, each of the crimes of this case was committed by assaulting those who are not well aware of it without any reason, such as frighting, drinking, etc. The nature of the crime is inferior in light of the circumstances of the crime, etc. In addition, some of the crime was committed by sled fish so that it is dangerous to the law of the crime, and the degree of violence is limited to the degree of the crime, such as satching the victim's side sating, etc. with the satching of the satched fish so that the satching of the satching of the satch, etc. with the satching of the satching of the satch, etc., and the defendant has already been punished two times of imprisonment with labor for special injury on February 2016, and committed each of the crimes of this case again during the period of the satching crime. In full view of all the sentencing conditions of this case, such as the defendant's age, sex, environment, motive, means, result and change of circumstances

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