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(영문) 창원지방법원 2017.06.08 2017노724
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s crime of this case with mental or physical disorder was committed under the state of mental or physical loss or mental weakness by drinking alcohol.

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

2. Determination

A. According to the record of the judgment on the assertion of mental and physical disorder, even though the defendant committed each of the crimes in this case under drinking, considering the circumstances 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 to discern things or make decisions, or that the defendant did not have reached a weak state.

The defendant's mental disorder is without merit.

B. We examine the determination of the unfair argument of sentencing, it is recognized that there is a family member in need of support, victim I, L, etc. and that there is no emphasis on the degree of injury of the victims.

However, considering the fact that the defendant committed each of the crimes of this case even though he was a majority of criminal records of the same kind and a repeated crime due to the same kind of crime, there is no special change in circumstances that could change the punishment of the court below after the sentence of the court below, and the defendant's age, sex, sex, environment, family relationship, economic situation, circumstances leading to the crime and motive, and all other matters concerning the sentencing mentioned in the records and arguments of this case, the punishment of the court below is deemed appropriate.

Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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