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(영문) 서울북부지방법원 2013.11.15 2013노1140
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state of mental disability under the influence of alcohol.

C. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 3,000,000) is too unreasonable.

2. Determination

A. In light of the various circumstances indicated in the record, such as the process and process of the instant crime, the Defendant’s act before and after the instant crime, etc., even if the Defendant had drinking alcohol at the time of the instant crime, it does not seem that the Defendant did not have the ability to discern things or make decisions, and thus, this part of the Defendant’s assertion is without merit.

B. In full view of various circumstances, including the defendant’s age, character and conduct, environment, motive or circumstance of the crime, means and consequence, etc., the sentence imposed by the court below is too excessive and unfair, and thus, the defendant’s assertion on this part is also without merit, on the grounds that the defendant’s punishment is too excessive and unreasonable. The defendant’s assertion on this part is also without merit.

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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