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(영문) 서울중앙지방법원 2017.10.12 2017노2900
폭력행위등처벌에관한법률위반(상습폭행)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (mental and physical weak and inappropriate sentencing) was found to lack the ability to discern things or make decisions due to drinking alcohol when the defendant committed each of the crimes in this case.

Although the defendant asserted mental and physical weakness at the court below, the court below did not render a decision thereon.

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

Judgment

Although it is not clear that the defendant's written opinion submitted by the court below and each reflective text made a assertion of mental and physical weakness due to drinking (the trial record 21-24, 26 pages, etc.), the first and second trial proceedings of the court below to withdraw the argument of mental and physical weakness is not clear, the court below did not make a determination on the argument of mental and physical weakness.

However, examining the circumstances revealed in the records, such as the background leading up to each of the crimes in this case, method of commission of the crime, the act of the defendant before and after the crime, and the circumstances after the crime, the defendant was physically and mentally in a state of mental weakness at the time of each of

Therefore, it is difficult to see that the above error of omission in the judgment of the court below does not affect the conclusion of the judgment, and there is no violation of the law on the application of mental and physical weakness or mistake of fact

The lower court, as to the unfair argument of sentencing, stated the punishment for recommendations and the conditions of sentencing according to the sentencing guidelines from the lower court of three pages to four pages of the judgment.

Even when considering the circumstances asserted by the defendant, such as the fact that the defendant's health status is not good, and it is difficult to reach an agreement with his family as the family environment is unstable, the sentence of the court below is set within the scope of sentencing discretion, and it cannot be said that it is too unreasonable because it is too unreasonable.

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

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