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(영문) 서울중앙지방법원 2014.06.20 2014노1151
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The first instance sentencing of the Defendant on the grounds of unfair sentencing (the fine of KRW 2.5 million) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the first instance court as to the assertion of mental disorder, it is recognized that the Defendant was under the influence of alcohol at the time of the instant crime, but in light of the content of the instant crime and the behavior of the Defendant before and after the instant crime, the Defendant’s attitude to make a statement after the Defendant was arrested, etc., it seems that the Defendant did not have the ability to discern things or make a decision under the influence of alcohol at the time of the instant crime. Therefore, the Defendant

B. The circumstances in which the Defendant divided the Defendant’s error in depth on the assertion of unfair sentencing are favorable to the Defendant.

However, even though the defendant had worked for the same kind of fine in total seven times, in this case, the nature of the crime is not good in light of the contents of the crime, and there is no circumstance of efforts to recover damage or to recover damage in this case.

In addition, considering the various circumstances that serve as the conditions for sentencing as shown in the records, such as the Defendant’s age, character and conduct, environment, and family relationship, the first instance court’s sentencing against the Defendant is too unreasonable. Therefore, the Defendant’s assertion of unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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