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(영문) 대구지방법원 2017.07.05 2017노1886
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was suffering from depression and alcohol dependence, etc., and under the influence of alcohol, the Defendant was in a state of weak ability to discern things or make decisions.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion of mental and physical weakness, the defendant was in a state of drinking alcohol to a certain extent at the time of the crime of this case, and the defendant was given medical treatment due to depression and alcohol dependence at the time of the crime of this case, but considering the circumstance leading to the crime, the method and method of the crime, the defendant's act before and after the crime of this case, and the circumstances after the crime of this case, it cannot be deemed that the defendant did not have a state of weak ability to distinguish things at the time of the crime of this case, and therefore, the above assertion by the defendant is without merit.

B. It is recognized that the Defendant recognized the instant crime and opposed to the determination of the illegality of sentencing, and that the victim did not want the punishment of the Defendant.

However, the crime of this case was committed by the defendant in collaboration with his accomplice, and the nature of the crime was bad, and the defendant was punished several times for the same crime, and the defendant committed the crime of this case without being aware of the fact that he had been in existence of the probation period at the time of the crime of this case. Nevertheless, considering the above favorable circumstances, the court below seems to have sentenced a punishment equivalent to the lowest sentence of the applicable sentences after reducing the amount of statutory punishment by taking into account the above favorable circumstances, and in addition, taking into account the defendant's age, sex, environment, motive and circumstance of the crime, and all of the sentencing conditions in the proceedings and arguments of this case, it is unfair that the court below's sentence against the defendant is too unreasonable.

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