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(영문) 서울남부지방법원 2013.07.04 2011노881
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the Defendant’s grounds for appeal is as follows: First, the Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime; second, the penalty of the lower judgment (fine 1,000,000) is too unreasonable.

2. According to the reasoning of appeal, the record reveals that the defendant was somewhat drunk at the time of committing the instant crime, but there was no ability or decision-making ability to discern things due to considering the defendant's speech and behavior at the time of committing the instant crime and the details of the relevant crime.

Since it is not recognized that the defendant was in a state or weak condition, the defendant's assertion of mental disorder is without merit.

Next, regarding the assertion on unfair sentencing, considering various sentencing conditions as indicated in the argument in the instant case, such as the method of the instant crime, the background and circumstances leading up to the instant crime, the Defendant’s age and character and conduct, and thus, the Defendant’s assertion on unfair sentencing is unreasonable, on the grounds that there are no grounds to believe that the sentence of the lower judgment is unreasonable, given that there are various sentencing conditions as indicated in the argument in the instant case, including the method of the instant crime, the circumstances after the instant crime, and the Defendant’s age and character and behavior, and thus, the Defendant’s assertion on unfair sentencing is without merit.

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

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