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(영문) 청주지방법원 2018.10.04 2018노732
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below dismissed the prosecution against each of the facts charged in the instant case, and convicted each of the remaining facts. Since the dismissal part of the judgment below among the judgment below is separated and confirmed as it is by appeal against the conviction only, the scope of the judgment of this court is limited to the guilty part of the judgment below.

2. Summary of reasons for appeal;

A. At the time of each of the instant crimes, the Defendant had a mental and physical loss or mental weakness due to alcohol proof.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

3. Determination

A. According to the records on the assertion of mental disorder, it is recognized that the Defendant was under medical treatment under the name of the following: (a) drinking alcohol at the time of each of the instant crimes; (b) fluencing satisfy, and satisfying and shock disorder from August 21, 2013 to April 25, 2018; (c) however, in light of the background and method of the crime; and (d) the conduct before and after the crime, etc., it is not deemed that the Defendant had no or weak ability to discern things at the time, or make decisions.

This part of the defendant's assertion is without merit.

B. In light of the judgment on the unfair argument of sentencing, the court below sentenced the above punishment to the defendant with due regard to the sentencing as stated in its reasoning, and there are cases where the defendant committed each of the crimes in this case in a state of under the influence of alcohol, and the criminal situation of the individual crime is very heavy, and where the defendant must support his/her wife under the age of 17, etc., all of the circumstances asserted for favorable reasons of sentencing in the trial at the court below are considered to have been sufficiently taken into account. Accordingly, the defendant has a history of having been subject to criminal punishment (two times of imprisonment, one time of suspended sentence of imprisonment, and one time of suspended sentence) for violent crimes, and committed each of the crimes in this case during the period of repeated crime.

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