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(영문) 서울고등법원 2016.06.02 2016노801

강도상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was physically and mentally weak at the time of committing the instant crime.

B. The punishment sentenced by the lower court (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of the assertion of mental and physical weakness, even though the defendant was found to have a drinking alcohol at the time of committing the instant crime, the defendant was in a state that he lacks the ability to discern things or make decisions due to drinking, in light of the circumstances such as the background leading up to the instant crime, the content of the instant crime, the means and method of the instant crime, and the circumstances after the instant crime.

Therefore, the defendant's above assertion is without merit.

B. In the instant case where there is no reason to reduce the amount of punishment, considering the fact that the sentence imposed by the court below to reduce the amount of punishment is the lowest sentence permitted by law, as it is too unreasonable, since the sentence imposed by the court below is too unreasonable, as well as the statement of the "reason for the Sentencing" of the court below's judgment, the records of the instant case and the theory of changes, are different from the sentencing conditions under Article 51 of the Criminal Act as stated in the records of the instant case.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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