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(영문) 울산지방법원 2020.12.03 2020노798
특수폭행등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. Defendant 1 was under the influence of alcohol at the time of each of the instant crimes, and was in a state of mental disorder or mental disorder.

(2) The sentence of the court below is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. Determination

A. According to the records on the Defendant’s assertion of mental disorder, it is recognized that the Defendant had a drinking condition at the time of each of the instant crimes, but made a statement by the Defendant to some extent, such as the background and means of each of the instant crimes, the act of the Defendant before and after the instant crimes, and the process of the instant crimes, the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of each of the instant crimes.

It does not seem to have reached a weak state.

This part of the defendant's assertion is without merit.

B. Although there was an agreement with some victims on the assertion of unfair sentencing by both parties, it is difficult to consider an agreement with some victims as an essential sentencing factor, in full view of the background, method, and circumstances of each of the instant crimes, etc., the possibility of recidivism of the Defendant is very high.

In addition, considering the circumstances revealed in the grounds of sentencing and the conditions of sentencing indicated in the record, it cannot be deemed that the sentence imposed by the court below is too heavy or unreasonable because the sentence imposed by the defendant goes beyond the scope of sentencing discretion.

This part of the defendant and prosecutor's assertion is without merit.

3. Conclusion, the appeal filed by the Defendant and the Prosecutor is all dismissed.

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