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(영문) 서울북부지방법원 2019.10.24 2019노1292
특수폭행등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The Defendant had a mental disorder at the time of committing each of the instant crimes.

The sentence of the lower court on unreasonable sentencing is too unreasonable.

Judgment

According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, although the defendant was found to have a drinking condition at the time of each of the crimes in this case, in light of the circumstances before and after each of the crimes in this case, the circumstances leading to each of the crimes in this case, the method and method of the crime in this case, and the defendant's behavior at the time, it does not appear that the defendant was in a lack of ability or lack of decision-making ability to discern things at the time of preventing each

Even though the defendant was in a state of mental disorder or mental retardation at the time of committing each of the crimes in this case, the defendant has been subject to criminal punishment or investigation for a case of drinking alcohol and damaging property, or of assaulting F of the victim of the special assault in this case. Thus, the defendant's act constitutes "an act of a person who predicted the occurrence of danger and has caused mental disorder by a person," as provided in Article 10 (3) of the Criminal Act, and thus, it cannot be considered as a ground for exclusion of liability or mitigation of

Therefore, the defendant's mental disorder is without merit.

The lower court determined the Defendant’s punishment on the assertion of unfair sentencing by taking into account the circumstances indicated in the judgment on the grounds of sentencing. In addition to the circumstances stated by the lower court, the lower court’s punishment is too unreasonable even if considering the fact that the Defendant recognized the instant special assault crime and violated it in the final trial.

Therefore, the defendant's assertion of unfair sentencing is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since there is no ground for appeal. It is so decided as per Disposition.

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