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(영문) 서울고등법원 2012.12.28 2012노3791
강도상해
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The Defendant was suffering from euthanal typhical typhical typhical typhism and sculphical typhical typhism at the time of the instant crime, and the lower court neglected this.

The imprisonment with labor (three years and six months) imposed by the court below on the defendant is too unreasonable.

According to the records on the part of the assertion of mental disorder on board, it is recognized that the defendant had dice a considerable amount of alcohol immediately before the crime of this case, and that the defendant was diagnosed as a alcohol search clinic on July 20, 2012, and a flicker's flive disease. However, in light of the motive and circumstance of the crime of this case, the method and method of the crime of this case, and the circumstances before and after the crime of this case, it is not deemed that the defendant had the ability to discern things or make decisions at the time of the crime of this case, and therefore the above assertion is without merit.

Although the Defendant agreed on the part of the Defendant’s assertion of unfair sentencing with the victim’s repayment of damages, the risk of criminal acts is extremely high in light of the Defendant’s course of intrusion into the place of crime, the commission of crime, the frequency and method of assault and intimidation, etc., and the victim appears to have sworn fear at the time. In full view of all the sentencing conditions, including the Defendant’s past punishment history, age, family relation, occupation, environment, motive and circumstance of the crime, method and method of the crime, and the circumstances after the crime, etc., the Defendant’s sentence imposed by the lower court cannot be deemed to be too unreasonable. Thus, the

Therefore, the appeal by the defendant is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the appeal by the defendant is groundless.

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