(영문) 창원지방법원 2017.03.23 2017노170 | 리걸엔진

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(영문) 창원지방법원 2017.03.23 2017노170

상해등

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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 in a state of mental or physical loss or mental weakness due to drunken condition, etc.

B. The punishment of the unfair judgment of the court below (two months of imprisonment with prison labor for the crime No. 2 and No. 3 in its holding) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental disorder, even though the defendant was under the influence of alcohol at the time of the crime of this case, considering the background, process of the crime, the defendant's behavior before and after the crime of this case, etc., it does not seem that the defendant lost the ability or decision-making ability to discern things, or did not seem to be weak. Thus, the defendant's argument of mental disorder is without merit.

B. We examine the following facts: (a) the determination of the unfair argument on sentencing; (b) the confession and rebuttal of the defendant; (c) the agreement between the victims of the crime of damage to property; (d) the old and two children are deemed to have reached an agreement with the victims of the crime of damage to property; (c) the records of criminal punishment for the crime of damage to violence or property are several times including the suspended execution two times; (d) the crime committed during the trial for the crime of damage to property; and (e) the crime committed during the suspended execution due to the crime of obscenity in the case of the crime of damage to property, taking into account the facts that the crime committed during the suspended execution due to the crime of obscenity in the above public performance, and taking into account the following factors: (a) the Defendant’s age, sex, family relationship, economic situation, the background

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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