(영문) 수원지방법원 2017.10.18 2017노5555 | 리걸엔진

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(영문) 수원지방법원 2017.10.18 2017노5555

특수상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant had mental and physical weakness due to alcohol dependence, network disorder, etc.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. According to the records on the assertion of mental and physical weakness, the Defendant received medical treatment from February 2, 2013 to November 201, 2016 due to infertility symptoms, alcohol dependence symptoms, network disorders, etc., and the Defendant consistently asserted to the effect that “the foreigner was forced to commit the instant crime to defend himself/herself by assaulting and defend himself/herself,” and the Defendant phoneed to P, who was located on April 2017 immediately before the instant crime (on April 20, 2017, around 07:00) to the effect that “ female-friendly Gu has primary force.”

The Government will implement the project.

The fact that “,” etc. talks about “(in the investigation record, 75 pages),” and the Defendant, at the marina in the judgment of the lower court, told that “the Defendant was her body before and after the cooling house,” while avoiding the body after the cooling house (in the investigation record, 30 pages), and the Defendant was divorced on October 2, 2014. According to the former spouse’s statement, according to the Defendant’s refluence, he could not maintain a marital life due to the Defendant’s refluence, etc., thereby resulting in divorce (in the investigation record, 75 pages).

According to this, the Defendant had weak ability to discern things or make decisions due to the network disorder at the time of committing the instant crime.

Since the above argument by the defendant is reasonable (the appearance of the crime of this case, the attitude of the defendant's statement at the time of the police investigation immediately after the crime of this case, etc., the defendant's mental and physical loss did not have the ability to discern things or make decisions at the time of the crime of this case.

In conclusion, 3. The defendant's mental and physical weakness argument is reasonable, so the judgment on the sentencing is unfair.

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