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(영문) 대구지방법원 2013.09.06 2013노1838
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disorder or mental disability.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental disorder, even though the defendant was under the influence of alcohol at the time of the crime of this case, the defendant was deemed to have no ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case, in light of the defendant's reputation, the process and process of the crime, the means and method, and the defendant's conduct before and after the crime

Since it seems that the defendant was in a state or weak condition, the above assertion by the defendant is without merit.

B. Although the Defendant’s judgment on the assertion of unfair sentencing is against all of the instant criminal acts, the instant criminal acts are against the Defendant, without any justifiable reason, assaulting the victim, who is a taxi driver, and the nature of the relevant crime is poor, the Defendant did not agree with the victim up to the trial, the Defendant has a majority of punishment power for the same criminal acts, and all of the sentencing factors indicated in the instant pleadings, including the Defendant’s age, character and conduct, environment, background of the instant criminal acts, circumstances after the crime, etc., are considered as being too unreasonable. Thus, the Defendant’s above assertion is groundless.

3. 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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