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(영문) 춘천지방법원 2015.02.11 2014노967
존속상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant had weak ability to discern things or make decisions under the influence of alcohol.

B. The sentence imposed by the lower court on the Defendant (one year and four months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the claim of mental retardation, the defendant is deemed to have had drinking to a certain extent at the time of each of the crimes in this case, but in light of the circumstances leading to each of the crimes in this case, the method and method of the crime, and the circumstances after the crime, etc., it is not deemed that the defendant had the ability to discern things or make decisions under the influence of alcohol at the time of each of the crimes in this case. Thus, this part of the

B. Although the defendant recognized each of the crimes of this case and expressed his/her wish not to punish the defendant, there are favorable circumstances, such as the fact that the crime of interference with the business of this case was committed on September 9, 2014. However, each of the crimes of this case is not less complicated in light of the form, frequency, interval, etc. of the crime, and the defendant seems to be habitually suffering from a big pain by exercising violence against neighboring residents by drinking alcohol, and the remaining victims are not reached an agreement until the trial is the case. The records of punishment for the same crime are included several times, and the defendant was arrested in the act of crime of this case as of September 7, 2014 and was investigated and released after the investigation. However, even though the crime of this case was committed on September 9, 2014 due to the crime of this case, the circumstances after the crime of this case was committed on September 9, 2014, which led to the defendant's age, motive, age, and other circumstances leading to the crime of this case.

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