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(영문) 전주지방법원 2015.09.25 2015노868
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of alcohol addiction at the time of the instant crime, and was in a state of mental disorder due to the fall of the judgment ability, memory disorder, and unstable disorder, etc. of the instant crime.

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

2. Determination

A. According to the records of the instant case’s determination as to the claim of mental disability, the Defendant received treatment from November 2014 to April 8, 2015 due to a yellow disorder, alcohol respect, etc., and even though it is recognized that the Defendant was in a state of drinking at the time of the instant crime, it does not seem to have reached the state where the Defendant lacks the ability to distinguish things or make decisions. Accordingly, the Defendant’s claim of mental and physical disability cannot be accepted.

B. The Defendant’s confession of the instant crime and reflects the mistake, and the degree of injury of the victim of the bodily injury is not much serious, etc. are favorable circumstances to the Defendant.

However, in light of the fact that the defendant committed the crime of this case at the same time during the period of repeated crime due to the crime of interference with business, the fact that the damage has not yet been recovered, and all the conditions of sentencing as shown in the argument of this case, including the defendant's age, character and conduct, family environment, the defendant's punishment imposed by the court below is too unreasonable, and thus, it is not acceptable to accept the defendant's assertion of unfair sentencing.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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