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(영문) 대전지방법원 2017.06.14 2017노749
특수상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years and six months of imprisonment) is too heavy or unhued so as to be unreasonable.

2. Determination

A. The fact that the Defendant recognized the instant crime with regard to the illegality of sentencing and against it, and that the Defendant appears to have committed the instant crime in a state of mental and physical weakness due to early illness is favorable.

However, the crime of this case is an unfavorable circumstance where the defendant assaultss the victims without a minor reason or any particular reason, and the nature of the crime is very poor, and some victims seem to suffer a relatively serious injury, and there are several penalties for the same kind of crime, and there seems to have been no agreement with the victims.

In full view of the above circumstances and other circumstances, including the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change of circumstances that may otherwise determine the sentence and the sentence of the lower court, the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and the prosecutor's assertion are without merit.

B. As to the assertion of mental and physical loss, the Defendant asserted the mental and physical loss in addition to the sentencing unfair at the trial date, and this is examined.

In light of the circumstances indicated in the instant records, such as the process and process of the instant crime, the Defendant’s act before and after the instant crime, etc., it may be recognized that the Defendant was in a state that, at the time of the instant crime, he/she had the ability to discern things or make decisions, but it was in a state of mental and physical loss without the ability to discern things or make decisions

does not appear.

Therefore, the defendant's above assertion is rejected.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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