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(영문) 창원지방법원 2015.01.29 2014노2720
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant asserts that, under the influence of alcohol at the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability.

B. The Defendant asserts that the sentence imposed by the lower court (six months of imprisonment and forty hours of completion of sexual assault treatment programs) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental disorder, even though the defendant was aware that he had a drinking condition at the time of the crime of this case, the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime, in light of the defendant's usual drinking volume, the background leading up to the crime, the means and method of the crime, and the circumstances after the crime.

Since it seems that the defendant's mental and physical disability cannot be seen as being or weak, we cannot accept the defendant's argument.

B. It is recognized that the defendant's wrong recognition and reflects his/her fault, and that the victim does not want the punishment by mutual consent with the victim E.

However, the crime of this case is about to smoke under the influence of alcohol at a restaurant operated by the victim E.

On the road, the defendant was sentenced to a suspended sentence of 10 months due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the defendant committed the crime of this case without being able to do so even though he was sentenced to 3 years of the suspended sentence and was still under the suspended sentence period, even though he was under the suspended sentence, and was under the suspended sentence. The defendant was already under the violation of the Road Traffic Act, the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes.

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