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(영문) 창원지방법원 2014.08.13 2014노1245
상해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) The Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime.

(2) The sentence imposed by the lower court on the Defendant (one year of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant was found to have drinking at the time of the crime of this case, but the defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the crime in light of the circumstances leading to the crime of this case, the attitude of the defendant,

Since it seems that the defendant was in a state or weak condition, the defendant's assertion is rejected.

B. As to the assertion on unfair sentencing, the instant crime is a normal situation unfavorable to the Defendant, on the ground that the Defendant was sentenced to four months of imprisonment due to injury in the Jinwon District Court on December 21, 201, on the ground that the Defendant’s execution of the instant punishment was completed on April 18, 201, and again committed the instant crime on the ground that the Defendant did not know about the victim’s face, head, etc. on the ground that he did not in mind the victim’s face, head, etc., for about six weeks of medical treatment, and that the crime was committed on the ground that he did not reach the judgment of the court, and that the Defendant did not agree with the victim.

However, the defendant recognized the crime of this case and affected the wrongness, suffered from the depression, and the I, his/her father's father, wanting to leave the defendant's wife against the defendant, and the age, character and conduct of the defendant.

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