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(영문) 수원지방법원 2020.04.08 2019노7177
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder at the time of committing the instant crime.

B. In light of the fact that the Defendant recognized the crime of unfair sentencing and against it, and the circumstances leading up to the instant crime, etc., the lower court’s imprisonment (eight months of imprisonment) is unreasonable.

2. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is recognized that the defendant had drinking alcohol at the time of the crime of this case, but considering the circumstances, means and methods of the crime of this case, the defendant's speech before and after the crime of this case, the court below did not have the ability to discern things or make decisions at the time of the crime

did not appear to have existed in or weak condition.

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

3. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle on the assertion of unfair sentencing, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance court’s sentencing

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and in full view of all the factors indicated in the records of this case, the lower court’s sentencing was imprisoned and exceeded the reasonable scope of discretion.

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

4. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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