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(영문) 서울동부지방법원 2018.05.11 2018노315

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. Under the influence of mental and physical surgery, the instant crime was committed with mental and physical weakness, such as alcohol addiction and depression disorder.

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

2. Determination

A. According to the evidence duly admitted and examined by the lower court on the assertion of mental and physical weakness, although the Defendant appears to have her drinking alcohol at the time of the instant crime, in light of various circumstances, such as the background of the crime acknowledged by the evidence, the Defendant’s behavior before and after the instant crime, etc., the Defendant was in a state of lacking the ability to discern things or make decisions due to alcohol addiction and depression disorder, etc. under the influence of alcohol at the time of the crime.

It does not seem that it does not appear.

Therefore, the defendant's mental and physical weak argument is without merit.

B. According to the argument and record of the instant case’s judgment on the unfair argument of sentencing, the lower court appears to have been reasonably determined by fully considering the various grounds for sentencing alleged by the Defendant, and there are no special circumstances to ex post facto change the sentencing. Therefore, the Defendant’s argument of sentencing is without merit.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.