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(영문) 서울북부지방법원 2017.02.01 2016노2733
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical loss or mental weak condition under the influence of alcohol at the time of committing the instant crime.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination:

A. According to the record of the determination on the assertion of mental and physical disorder, even though the Defendant was deemed to have served alcohol at the time of the instant crime, in view of the background leading up to the crime, the means and method of the crime, and the circumstances before and after the crime, etc., the Defendant was in a state that the Defendant had no or weak ability to discern things or make decisions.

shall not be deemed to exist.

The defendant's mental disorder is not accepted.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

In light of all the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s sentence against the Defendant cannot be deemed unfair, even if considering the following factors: (a) method of committing an offense, such as putting the Defendant in prison; (b) the circumstance in which the first instance court sentenced the Defendant to the sentence; and (c) the reason in which the Defendant escaped.

Therefore, the defendant's improper assertion of sentencing is not accepted.

3. If so, 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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