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(영문) 서울남부지방법원 2012.12.21 2012노1704

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal was in a state of mental disorder under the influence of alcohol at the time of the instant crime.

The sentence of the court below (one year of imprisonment) is too unreasonable.

2. According to the records, even though the defendant committed the crime of this case under drinking, it is recognized that the defendant was guilty of committing the crime of this case, and if considering the circumstances, means and methods of the crime of this case, the defendant's behavior before and after the crime of this case, etc., it cannot be viewed that the defendant had no or weak ability to discern things or make decisions. Thus, this part of the defendant's assertion is without merit

Furthermore, in full view of the records and arguments of this case including the fact that the defendant has been punished several times due to violent crimes, the agreement with the victim or the damage has not been recovered, as well as the age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the court below’s punishment is too unreasonable.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.