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(영문) 울산지방법원 2018.10.12 2018노515
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing each of the instant crimes, was in a state of mental and physical loss or mental weakness.

B. The sentence of the lower court’s unfair sentencing (six months of imprisonment) is unfair because it is too unreasonable (the defense counsel asserted that the “Macju Byung” as stated in the facts charged in the written request for the amendment of indictment submitted around July 27, 2018, when the appeal was not timely filed, does not constitute “hazardous goods” for a special crime, but explicitly withdraws the above argument at the fourth trial date. Thus, the above argument cannot be a legitimate ground for appeal. Considering this ex officio, considering the size, quality, method of use, and degree of injury of the beer used for the crime of the special injury of this case, considering the size and degree of the beer’s disease used for the crime of this case, the use of the beer’s disease constitutes “hazardous goods” under Article 258-2(1) of the Criminal Act as sufficient to cause the victim’s life or body, and thus, the above assertion by the defense counsel is without merit).

A. We examine the argument about mental disorder. According to the evidence duly adopted and examined by the court below, it is found that the defendant had any alcohol at the time of each crime of this case, but on the other hand, in light of the circumstances leading to the crime of this case, the means and method of the crime, the behavior and circumstances of the defendant before and after the crime, etc., the defendant was in a state that the defendant has no or lacks ability to discern things or make decisions due to drinking, etc.

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

B. Reviewing the determination of the unfair argument of sentencing, it is somewhat contingent, the victims have agreed with the investigative agency and the lower court and do not want to punish the Defendant, the Defendant generally and seriously reflects all of the crimes, and the Defendant’s will have the preference against the Defendant.

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