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(영문) 대구지방법원 2014.10.17 2014노2733
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (legal scenarios and unreasonable sentencing)

A. The Defendant, while committing the instant crime, was drunk and was in a state of mental disability.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the record on the assertion of misapprehension of legal principles, it is acknowledged that the Defendant committed the instant crime while drinking alcohol, but in light of the Defendant’s reputation, the background and process of the crime, means and method, and the Defendant’s behavior before and after the crime, etc., it does not seem that the Defendant had a weak ability to discern things or make decisions under the influence of alcohol at the time of the crime. Even if such situation was found, Article 10(2) of the Criminal Act does not apply to the instant act by the Defendant on the ground that the Defendant fell under a person who predicted risk and caused a mental disorder by drinking alcohol.

Therefore, the defendant's above misapprehension of legal principles is without merit.

B. It is recognized that the Defendant, who made a judgment on the assertion of unfair sentencing, led to the confession of the crime and reflects his mistake, the Defendant appears to have committed the instant crime in a contingent manner with the victim, the fact that the Defendant appears to have committed the instant crime from the victim during drinking alcohol, the fact that the Defendant agreed with the victim smoothly, and the Defendant’s treatment of alcohol addiction.

However, despite the fact that the defendant committed the crime of this case in which he did not know even though he was in a repeated crime due to the same crime, he committed the crime of this case, the degree of injury of the victim is not less than that of the victim, and the defendant has been subject to criminal punishment (two times of actual punishment, one time of suspended execution, and five times of fine) for violent crimes over eight times, and violent inclinations of the defendant are peeped. In addition, the defendant's age, character and behavior, environment, and the crime of this case are caused by the crime of this case.

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