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(영문) 서울고등법원 2013.05.24 2013노202

강도상해

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that a mistake of fact-finding defendant is relatively detailed about the situation at the time of the crime of this case, even though it is difficult to see that the defendant had weak ability to discern things or make decisions at the time of the crime of this case, the court below erred by misunderstanding the fact that the court below recognized the defendant

B. The lower court’s sentencing (two years of imprisonment, three years of suspended execution, three years of probation, and one hundred and sixty hours of community service) on the Defendant of unreasonable sentencing is too uneasible and unreasonable.

2. Determination

A. The lower court, based on the adopted evidence, found that the Defendant committed a crime as stated in the lower judgment in a state that the Defendant lacks the ability to discern things or make decisions under the influence of alcohol.

Comprehensively taking account of the evidence duly adopted and examined by the court below and the trial court, the defendant was about 1 Macju. On the day of the crime of this case, the defendant was found to have been subject to a disposition of discharge from physical grade 4 due to Macju. On the day of the crime of this case, he was able to know about the mother's business due to Macju's Macju's Macju's Macju's Macju's Macju's Macju's Macju's Macju's Macju's Macju's Macju's Macju's Macju's Macju's Macju's Mac. The defendant appeared to have been subject to a disposition of discharge from physical grade 4 due to the disease's physical examination conducted on February 1, 2001, and the defendant appeared to have been able to undergo accurate treatment due to the emotional disorder, emotional confusion and emotional disorder disorder, personality disorder and attack.