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(영문) 창원지방법원 2017.04.13 2017노369
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The crime of this case committed by the Defendant with mental disorder was committed in a state of mental and physical loss or mental weakness by drinking alcohol.

2) The punishment of the lower court’s unfair sentencing (eight months of imprisonment) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. According to the records on the Defendant’s mental and physical argument, even though the Defendant was found to have committed each of the crimes in this case under drinking, considering the background of the crime, the process of the crime, the Defendant’s behavior before and after the crime, etc., it does not seem that the Defendant lost the ability or decision-making ability to discern things, or it did not appear that the Defendant was in a weak state.

The defendant's mental disorder is without merit.

3. We examine the determination of the unfair argument of sentencing by the defendant and the prosecutor, the defendant's confession is a favorable reason for sentencing, and there are several records of punishment including imprisonment for violent crimes, and each of the crimes of this case during the period of repeated crime after serving imprisonment with prison labor due to the crime of injury, the crime committed against victims who do not have any awareness of such crime, and the fact that there is no agreement with the victims is an unfavorable reason for sentencing.

In full view of the above sentencing factors, the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other matters pertaining to the sentencing as indicated in the records and arguments of this case, it is not recognized that the sentence of the lower judgment is too heavy or unreasonable.

All the arguments of the defendant and the prosecutor are without merit.

4. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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