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(영문) 서울북부지방법원 2014.10.23 2014노902

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. When each of the instant crimes was committed, the Defendant was under the influence of alcohol and was in a state of mental disorder or mental disorder.

B. The lower court’s sentence (1.5 million won of a fine) imposed on the Defendant is too unreasonable.

2. Determination

A. According to the records of mental and physical disorder, it is recognized that the defendant committed each of the crimes of this case while drinking alcohol, but in light of the circumstances before and after the commission of each of the crimes of this case, the circumstances leading to each of the crimes of this case, the defendant's behavior at the time of committing each of the crimes of this case, etc., it cannot be deemed that the defendant did not have or lacks the ability to discern things due to drinking, and therefore, the defendant's mental and physical disorder argument is without merit.

B. Although the defendant's mistake of unfair sentencing is recognized, it is an initial crime without any criminal history, and it is acknowledged that the court below has agreed with the victim E, but it seems that the defendant had already been sentenced to a fine of 1.5 million won in consideration of the above circumstances. Each of the crimes of this case by the defendant was committed by the defendant at a time when the defendant was aware of a female who had been drinking, and by assaulting a female who has aided such female, and at the police station, the defendant was openly insulting and insulting the criminal. Thus, the crime is very poor in quality and other circumstances that led to the defendant's each of the crimes of this case, taking into account the motive and background leading up to the crime of this case, the circumstance before and after the crime, the defendant's age, character, environment, occupation, family relation, etc., the punishment imposed by the court below is too unreasonable.

3. As such, 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.