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(영문) 서울서부지방법원 2014.07.03 2014노527
폭력행위등처벌에관한법률위반(상습폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical disorder, with a large amount of alcohol at the time of the instant case, and was in a state of mental and physical disorder.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, the defendant was found to have been under influence at the time of committing the crime, but in light of the circumstances leading to the crime, the means and method of the crime, and the circumstances before and after the crime, etc., the defendant did not have the ability to discern things or make decisions due to depression or drinking at the time.

This part of the assertion is without merit, since it seems that it was or was in a weak state.

B. The statutory penalty of habitual assault of this case is imprisonment with prison labor for not less than one year, and the lower court’s sentence constitutes the lower limit. The Defendant has a lot of records of punishment for the same kind of crime. The instant crime was committed during the period of repeated crime of the same kind of crime, and did not agree with the victims.

In light of the fact that the Defendant led to the confession of the crime, the Defendant’s age, character and conduct, motive, means and consequence of the crime, etc., even if examining all the circumstances constituting the conditions for sentencing as indicated in the instant case, such as the circumstances after the crime, it cannot be found that the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is without merit and it is so decided as per Disposition in accordance with Article 364 (4) of the Criminal Procedure Act.

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