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(영문) 대구지방법원 2015.12.09 2015노900
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental or physical disability or mental disability due to brain surgery, legacy, dementia, etc.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 1.2 million won) is too unreasonable.

2. Determination

A. Comprehensive review of the following: (a) the process leading up to the instant crime, the means and method of committing the instant crime, the Defendant’s act before and after the instant crime; and (b) the circumstances after the instant crime were duly adopted and investigated by the lower court; and (c) the Defendant appears to have been in a state of lacking the ability to discern things or make decisions due to dementia, brain surgery, and symptoms; and (d) thus, this part of the allegation is rejected.

B. Although there are circumstances, such as the following: (a) examining the argument of unfair sentencing on the argument of unfair sentencing; (b) having no criminal record of the defendant; (c) having difficulty in having dementia and cerebral surgery; and (d) having no economic situation, considering the favorable circumstances of the defendant, the court below appears to have already sentenced to punishment by reducing the amount of fine for the summary order more than that of the defendant; (d) having agreed with or not recovered from the victims; (e) there is no special change in circumstances to change the sentence of the court below after the decision of the court below; and (e) other circumstances shown in the records and arguments, such as the defendant’s age, character and conduct, environment, etc., even if considering the defendant’s assertion, the sentence imposed by the court

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition.

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