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(영문) 창원지방법원 2014.10.15 2014노1591
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental disorder is in a state of mental disability at the time of committing the instant crime, and thus his punishment should be mitigated or exempted.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is excessively unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, the defendant was registered as a disabled person of Grade III with a mental retardation from September 26, 2008 to December 14, 2012, and as a result of appraisal following the commission of appraisal by the Changwon District Court for Msan Branch on the commission of appraisal, etc. However, in light of various circumstances, such as the circumstances acknowledged by the evidence duly adopted and investigated by the court below, the defendant did not have the ability to discern things at the time of the crime of this case, or make a decision on the ability to discern things at the time of the crime of this case.

It is difficult to see that it has reached a weak or weak state.

Therefore, the defendant's mental disorder is without merit.

B. As to the assertion on unreasonable sentencing, the crime of this case committed by the Defendant on the street by hearing fin residues from the victim, putting the victim over the floor by making fin residues, and bating the victim’s bat, making the victim’s face and side fat, and making the victim’s face and side fat, thereby causing injury to the victim two weeks’s treatment. The Defendant recognized all of the crime of this case and reflects it, and the Defendant did not want the victim’s punishment by mutual consent with the victim.

However, in the past, the Defendant has been punished several times for the same crime, and in particular, on January 17, 2013, after the execution of the sentence was completed on July 17, 2013, the Defendant again committed the instant crime within the repeated crime period after he/she was sentenced to one year to imprisonment for a violent crime in the Changwon District Court Branch Branch of Changwon District Court. Therefore, there are unfavorable circumstances such as poor quality of the crime, and the sentencing criteria of the Supreme Court Sentencing Committee.

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