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(영문) 서울중앙지방법원 2013.05.22 2013노1226

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the defendant was in a state of mental disability under the influence of alcohol at the time of each of the crimes in this case) and unfair sentencing; 2. The judgment of this court

A. Even according to the record on the assertion of mental disorder, since there is no evidence to deem that the defendant had weak ability to discern things or make decisions at the time of each of the crimes in this case, the above assertion by the defendant disputing this point cannot be accepted.

B. In full view of the fact that the Defendant committed the instant crime even though he/she had been punished twice for a similar type of crime, and that no agreement has been reached with the victims, and other various sentencing conditions as shown in the instant argument, such as the age, criminal administration, family environment, and the circumstances before and after the instant crime, the first instance court’s fine of KRW 2 million sentenced to the Defendant cannot be deemed to be too unreasonable, and thus, the Defendant’s assertion on this issue cannot be accepted.

3. Accordingly, we cannot accept the Defendant’s appeal under Article 364(4) of the Criminal Procedure Act.