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(영문) 대구고등법원 2020.12.09 2020노370
특수상해등
Text

Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (three years of imprisonment) against the Defendant and the candidate for medical treatment and custody (hereinafter “Defendant”) in part of the Defendant case is too unreasonable.

B. It is unreasonable for the lower court to order the Defendant to provide medical treatment and custody on the grounds that there is no need for medical treatment as the Defendant continues to provide a large number of medical treatment and custody.

2. Determination

A. The Defendant in the part of the Defendant case shows the attitude to recognize all the crimes of this case and to reflect the mistake.

The defendant seems to have committed each of the crimes in this case in a state of mental disability due to the unknown dynamic disorder in detail.

The defendant expressed his/her intention that the victims do not want to be punished against the defendant under a mutual agreement with P, the victim of the special injury crime, C, D, and the victim of the injury crime.

However, each of the crimes of this case committed a bodily injury, which is dangerous to the defendant, or by using violence, and re-driving or refusing to take a alcohol test without justifiable grounds despite the fact that the defendant had been punished for the crime of drunk driving, even though they had the record of punishment, the crime is not only the nature of the crime, but also the crime is very heavy in light of the circumstances of the crime, method of the crime, degree of damage, etc.

The accused has a lot of history of punishment for violent crimes.

The Defendant continued to commit the instant special injury crime and refusal to measure alcohol, etc. even though he/she was prosecuted after being investigated into the victim I's injury crime, drinking driving, etc.

The defendant did not receive a letter from the victim I, and the victim is punished for the defendant.

In addition to these circumstances, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the conditions of sentencing compared with the first instance court, as shown in the records of this case, such as the circumstances after the crime.

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