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(영문) 부산지방법원 2020.09.10 2020노1871

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing each crime of the judgment below with mental disorder, the Defendant was in a state of mental disorder by drinking.

B. The lower court’s sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. In full view of each crime committed by the court below based on the evidence duly adopted and examined by the court below as to the assertion of mental and physical disorder, the defendant cannot be deemed to have suffered from the influence of alcohol at the time of committing each crime, and thus, it does not appear that the defendant has the ability to discern things or make decisions.

Therefore, the defendant's mental disorder is without merit.

B. The lower court determined on the assertion of unfair sentencing by taking into account the sentencing reasons, such as the Defendant committed each of the instant crimes of the same kind during the period of suspended execution due to the crime of injury, failure to receive a letter from the victims, and recognition of one’s own crimes.

There is no change in the conditions of sentencing compared with the original court because new sentencing materials have not been submitted in the trial, and even considering the various reasons revealed in the trial process, the sentencing of the original court is too inappropriate to be exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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