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(영문) 대구지방법원 2016.11.11 2016노3256
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year and nine months of imprisonment) is too unhued and unfair.

B. Defendant 1) The Defendant was suffering from a mental disease at the time of committing the instant crime, and was under the influence of alcohol, and was in the state of mental and physical disability. (2) The sentence sentenced by the lower court of unreasonable sentencing is too unreasonable.

2. Determination

A. According to the records of the instant case’s assertion of mental disorder, the Defendant’s treatment was conducted due to a disease, such as habitor and impulse disorder, and the fact that the Defendant was drunk at the time of the instant crime is acknowledged, but in light of all the circumstances such as the background, means and method of the instant crime, the Defendant’s behavior before and after the instant crime, etc., it is not deemed that the Defendant had weak ability to discern things or make decisions due to mental illness or alcohol at the time of the instant crime.

Therefore, the defendant's mental disorder is without merit.

B. Although there are favorable circumstances such as the defendant's confession of the crime of this case on the assertion of unfair sentencing, the defendant merely uses cruel violence against the victim on the ground that the victim is not favorable to himself/herself, and the risk of such crime is very high, the victim's direct injury is serious, the victim's face is serious, as well as the subsequent merger certificate, etc., and further treatment is required in the future. The victim seems to suffer from a long-term pain, the victim seems to have suffered from a big pain, while the defendant tried to reduce his/her crime by the fact that he/she was faced with the victim while trying to reduce his/her crime by the investigation agency, the defendant has clearly stated his/her argument that he/she was under the influence of alcohol, and did not make efforts for the recovery of death and damage, and the defendant did not agree with the victim until the trial.

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