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(영문) 광주고등법원 2016.08.18 2016노205

강도상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant with mental and physical weakness was drunk and was in a state of mental and physical weakness.

B. The sentence of the lower court that is unfair in sentencing (one year of imprisonment, a fine of 2,00,000) is too unreasonable.

2. Determination

A. In light of various circumstances, such as the situation at the time of the crime committed by the evidence duly adopted and examined by the lower court, the background leading to the crime, the method of the crime, and the Defendant’s behavior before and after the crime, etc., it is not determined that the Defendant, under the influence of alcohol at the time of each of the instant crimes, had a weak ability to discern things or make decisions.

We cannot accept this part of the defendant's argument.

B. In full view of the various factors of sentencing appropriately cited by the lower court in determining the unfair argument of sentencing, it cannot be said that the lower court’s sentence to the Defendant is too unreasonable to reverse the sentence.

This part of the Defendant’s assertion is rejected.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.