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(영문) 의정부지방법원 2017.04.14 2017노102
존속상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the part of the crime in the holding of the lower judgment [2016 Highest 2479], this part of the crime was committed by the Defendant under the influence of alcohol, and the Defendant was in a state of mental and physical weakness at the time.

B. The sentence sentenced by the lower court to the Defendant (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical weakness, the Defendant appears to have served alcohol at the time of the above crime, but in full view of the circumstances leading to the crime, the process of the crime, the Defendant’s act before and after the crime, etc., the Defendant had weak ability to discern things or make decisions at the time of the above crime.

does not appear.

The defendant's mental and physical weak argument is rejected.

B. Sentencing unfair Defendant recognized each of the instant crimes and did not repeat the crime.

However, each of the crimes of this case [2016 Highest 2479] of the judgment of the court below is highly poor in light of the period and frequency of the crime, and the method of the crime, since the defendant committed assault or bodily injury to the victim C and D, a parent, over a short period of time, including threatening and threatening the knife, which is a dangerous object of the victim C, the father who suffered from dementia, to the father who suffered from dementia.

The blood alcohol concentration among the blood transfusion of the instant drinking driving crime is very high to 0.243%.

On August 27, 2015, the Defendant was sentenced to imprisonment for four months for fraud, and on November 16, 2015, including the record of the completion of the enforcement of the sentence, was punished on 13 occasions for fraud, and on November 16, 2015, the Defendant was punished on 13 occasions for fraud, 6 times for traffic-related crimes, and 5 times for violence or similar crimes.

The Defendant committed each of the instant crimes (in particular, each of the instant fraud crimes) without being aware of, even though it was during the period of repeated crime due to the first head fraud in the judgment of the court below. The Defendant was punished by severe punishment on the ground that the victim C and D were continuously assaulted by the Defendant against ordinary times.

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