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(영문) 의정부지방법원 2017.11.22 2017노2673
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who has lost mental or physical loss or mental disorder, committed each of the crimes of this case under the condition of mental or physical loss or mental weakness.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical loss or mental weakness, even though the defendant was aware that he was drinking at the time of each of the crimes in this case, considering the details and contents of each of the crimes, the defendant's behavior before and after each of the crimes, etc., it cannot be deemed that the defendant lost his ability to discern things or make decisions, or that the defendant lost his ability to discern things or did not reach a weak state. Thus, the defendant's mental and physical loss or mental weakness allegation

B. In full view of the circumstances that the lower court rendered on the grounds of sentencing and all the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the Defendant is deemed appropriate, and thus, cannot be deemed unfair because it is too unreasonable, and there are no other special circumstances to change the above sentence. Therefore, the Defendant’s allegation of the above unfair sentencing is without merit.

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

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