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(영문) 광주고등법원 2013.05.16 2013노48
특정범죄가중처벌등에관한법률위반(보복범죄등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

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

B. The lower court on the assertion of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the background of the instant crime, the process of the crime, and the Defendant’s speech and behavior immediately after the crime was committed, which is acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mental and physical disorder, the Defendant was aware of drinking at the time of the instant crime, but did not have the ability to discern things or make a decision.

Since it seems that the defendant was in a state or weak condition, this part of the defendant's assertion is without merit.

B. According to Article 5-9(2) of the Act on the Aggravated Punishment, etc. of Specific Crimes, which applies to the instant crime, on the assertion of unfair sentencing, the statutory penalty is limited to imprisonment for a period of not less than one year. Therefore, in the instant case without any legal grounds for mitigation, the imprisonment for six months sentenced by the lower court to the Defendant constitutes the lowest sentence of punishment mitigated.

Ultimately, the sentence of the lower court is impossible to sentence the lower court to the lower court that constitutes the lowest sentence that can be sentenced to the Defendant who committed the instant crime (a repeated crime that prevents the suspension of execution).

Therefore, we cannot accept this part of the defendant's assertion that the sentence of the court below is too unreasonable because it is too low to impose a lower sentence.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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