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(영문) 서울중앙지방법원 2013.09.06 2013노2351
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of this case committed by the defendant with mental disability is under the influence of alcohol and is committed in the state of mental disorder or mental disability.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. According to the record as to the claim of mental disability, it is recognized that the defendant had drinking alcohol at the time of the crime of this case, but in light of various circumstances, such as the background, method, content, and the defendant's behavior before and after the crime of this case, the defendant did not have the ability to discern things or make a decision at the time of the crime.

Since it seems that the defendant did not seem to be in a state or weak condition, this part of the defendant's assertion is rejected.

B. Although the Defendant’s assertion of unfair sentencing is against the Defendant’s assertion of unfair sentencing, considering the following factors: (a) the Defendant’s previous conviction, the Defendant did not recover from damage; and (b) the Defendant’s age, character and conduct, criminal records, and the motive and circumstances of the instant crime; and (c) the circumstances after the instant crime, the sentence imposed by the lower court is unreasonable.

We do not accept this part of the defendant's assertion.

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

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