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(영문) 서울서부지방법원 2016.12.01 2016노1310
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, was in the state of having no or weak ability to discern things or make decisions due to drinking, and the instant punishment shall be mitigated or exempted.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is not recognized that the defendant had a considerable amount of alcohol at the time of each of the crimes of this case, but in light of the defendant's speech and behavior at the time of each of the crimes of this case, the circumstances of the crime of this case and the circumstances after the crime, etc., it is not recognized that the defendant at the time did not have or

Therefore, the defendant's mental disorder is without merit.

B. It is recognized that the Defendant’s determination on the assertion of unfair sentencing is both led to the confession and reflect on all the instant crimes.

However, on November 14, 2014, the Defendant was sentenced to imprisonment with prison labor for and on June 3, 2016, and committed the same kind of crime without being aware of the fact that the execution of the above punishment was completed on February 3, 2016 and without being aware of the fact that the Defendant had been punished by violence even during the period of repeated crime; the Defendant could have been able to agree with the victims; the degree of injury and damage to property in this case; the Defendant’s age, character and behavior, environment; the background and consequence of the instant crime; and the circumstances after the crime, etc., it is not recognized that the lower court’s punishment is too unreasonable. Thus, the Defendant’s assertion of unfair sentencing is 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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