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(영문) 서울서부지방법원 2015.09.17 2015노1004
상해
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 disorder or mental disability with mental disorder.

B. The sentence of unfair sentencing (six months of imprisonment) by the lower court is too heavy.

2. Determination

A. According to the record as to the assertion of mental disorder, even though the defendant was found to have a drinking condition at the time of the crime of this case, in light of the defendant's usual volume, the background leading up to the crime, the means and method of the crime, and the circumstances after the crime, etc., it does not seem that the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime of this case, or was in the state of being lost. Therefore, the above argument by the defendant

B. As to the assertion of unfair sentencing, the fact that the defendant recognized his mistake and reflects his mistake, and that the defendant appears to have reached the crime of this case by contingency during his commission is favorable to the defendant.

However, the fact that the defendant was sentenced to a suspension of the execution of imprisonment once for the same crime and was punished by a fine not only once for the same crime, that the victim suffered bodily injury, such as human power wave within the left 49 days of treatment, and that the degree of such injury is not weak, but also that there was no change after the decision of the court below.

In addition, considering the overall sentencing conditions stipulated by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, family relationship, etc., the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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