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(영문) 서울고등법원 2013.12.06 2013노2944

특수강도

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability.

2. According to the records, although the defendant's drinking at the time of the crime of this case can be recognized as having been in a state of drinking, in light of the defendant's reputation, the background leading up to the crime, the means and method of the crime, the name of the defendant at the time of the crime committed in CCTV, and the circumstances after the crime, etc., it is deemed that the defendant was in a state of lacking the ability to discern things or make decisions due to drinking at the time of the crime of this case, and thus, the defendant'

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.