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(영문) 창원지방법원 2016.09.08 2016노1161

특수폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the crime, the Defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

B. The penalty of the lower judgment on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. We examine the argument about mental disorder. According to the evidence duly adopted and investigated by the court below, the defendant was found to have drinking alcohol at the time of committing the crime, but the defendant did not have the ability to discern things or make a decision, considering the circumstances leading to the crime, the means and method of the crime, and the circumstances after the crime.

The defendant's assertion is without merit, since it cannot be seen as having reached a weak or weak state.

B. We examine the argument of unfair sentencing; the Defendant’s confession of an offense is an advantageous reason for sentencing; the Defendant has been sentenced to a fine of three million won due to the same victim’s intimidation, etc.; and the Defendant’s failure to agree with the victim is an unfavorable reason for sentencing.

In full view of the above sentencing factors, considering the Defendant’s age, family relation, economic situation, background and motive leading to the crime, and all other matters regarding the sentencing specified in the records and arguments in this case, the judgment below’s punishment is deemed appropriate, and the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.