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(영문) 춘천지방법원 강릉지원 2014.06.25 2014노108
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed the instant crime in a state of mental disorder or mental disability under the influence of alcohol.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended sentence for six months of imprisonment, one year of probation, and 80 hours of community service) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the assertion of mental disorder, the court below is found to have been under the influence of drinking alcohol to a certain extent at the time of the crime of this case, but did not have the ability to discern things or make decisions due to this in light of the shape and method of the crime of this case and the Defendant’s speech and behavior at the time.

not seem to have existed in or weak condition.

The defendant's above assertion is without merit.

B. Although the Defendant agreed with the victim on the assertion of unfair sentencing, the Defendant’s punishment is too unreasonable in light of various sentencing conditions in the instant case, including the Defendant’s age, character and behavior, motive for the instant crime, relationship between the Defendant and the victim, means and consequence, and circumstances after the crime, etc., as a whole, when considering the following facts: (a) the Defendant suffered from an injury that is not somewhat harsh, such as the satisfying sat and the satisfy on the left side of the victim’s face; and (b) the Defendant was punished several times as an act of violence.

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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