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(영문) 수원지방법원 2014.02.13 2013노3918
병역법위반
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The Defendant alleged mental disorder was in a state of mental disorder or mental disability due to liver disease, alcohol addiction, etc. at the time of the instant crime.

The lower court’s imprisonment (four months of imprisonment) against the Defendant claiming unfair sentencing is too unreasonable.

Judgment

The evidence duly adopted and examined in the lower court’s determination as to the assertion of mental disorder is insufficient to recognize that the Defendant was in a state of disease as alleged in the instant crime. Even if the Defendant had such disease, considering all circumstances such as the process and method of the crime committed by the evidence, and the specific behavior attitude of the Defendant before and after the crime, the Defendant did not have the ability to discern things or make decisions due to disease, etc. at the time of the crime.

Since it seems that the defendant's mental and physical disability cannot be seen as being or weak, we cannot accept the defendant's argument.

Although considering the fact that the defendant's judgment on the assertion of unfair sentencing is divided into a mistake, the punishment imposed by the court below cannot be deemed to be heavy, taking into account the following circumstances: the defendant's age, character and conduct, environment, criminal records, circumstances after the crime, etc., and all of the sentencing conditions in the records and arguments of this case, including the defendant's age, character and conduct, environment, criminal records, circumstances after the crime.

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

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