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(영문) 서울중앙지방법원 2017.09.08 2017노1694

공갈미수등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental disorder was under the influence of alcohol at the time of committing the instant crime.

B. The punishment of the lower court is too heavy.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant seems to have drinking alcohol at the time of the crime of this case. However, in light of various circumstances such as the background, means, and the defendant's behavior before and after the crime of this case, it cannot be deemed that the defendant lacks the ability to discern things or make decisions under the influence of alcohol at the time of the crime.

B. The lower court’s sentencing is not recognized to be unfair in light of the circumstances revealed by the lower court on the grounds of sentencing and the conditions of sentencing indicated in the record.

3. The defendant's appeal is dismissed.