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(영문) 창원지방법원 2015.06.11 2015노919
상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) asserts that the Defendant was in a state of mental disability under the influence of alcohol at the time of the instant crime. 2) The Defendant asserts that the sentence sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The prosecutor asserts that the above sentence imposed by the court below is too uneasible and unreasonable.

2. Determination

A. According to the record of judgment on the claim of mental disability, even though the defendant was found to have drank alcohol at the time of the crime of this case, in light of the background and method leading up to the crime of this case, the statement and behavior of the defendant before and after the crime of this case, etc., it cannot be seen that the defendant had the ability to discern things or make decisions due to the above disability at the time of the crime of this case, and therefore, the defendant'

B. The instant crime of determining unfair sentencing is a case in which the Defendant committed an injury upon the victim E, obtained alcohol and alju from the victim G, and damaged the entrance and exit of the victimJ. The Defendant was sentenced to three months of imprisonment for fraud, etc. on June 18, 2014.

9. It is recognized that the Defendant committed the instant crime even though he/she had committed a repeated crime after the completion of the execution of the sentence on 16. 16. The Defendant committed the instant crime, and the Defendant had the record of having been punished several times due to a violation of the Punishment of Violences, etc. Act, a crime of damaging public goods, a crime of fraud, a bodily injury, an

However, there is no special circumstance or circumstance that can be newly considered in sentencing after the decision of the court below, and the defendant's age, character and behavior, environment, and motive for the crime.

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