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(영문) 서울고등법원 (춘천) 2013.09.11 2013노135
준강간등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of alcohol at the time of the instant case, the Defendant was in a state with weak capacity to discern things or make decisions.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The judgment of the court below also asserted mental or physical disability, and the court below held that the defendant did not seem to be in a state of lacking the ability or decision-making ability to discern things under the influence of alcohol at the time of the crime of this case, in light of various circumstances, including the fact that the defendant and the victim, although being aware that he had a little drinking at the time of the crime, stated that "at the time of the crime of this case, the defendant and the victim stated that "at the time of the crime of this case, the defendant was under the influence of alcohol, but was in the spirit of the defendant, and that the defendant was in a significant part of the situation before and after the crime of this case, and the background, means and methods of the crime of this case, and the defendant's behavior before and after the crime of this case.

In light of the evidence duly adopted and investigated by the lower court, the lower court’s determination is fully acceptable.

Therefore, the defendant's argument of mental disability is without merit.

B. Although the Defendant did not have any record of criminal punishment for the same crime, and the Defendant commits an error against the crime of this case during the period of suspension of execution, the Defendant committed the crime of this case, and the victim wanted to strictly punish the Defendant, and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions indicated in the argument of this case, including the circumstances after the crime, are considered appropriate.

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