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(영문) 부산지방법원 2014.08.28 2014노2343
상해등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. Under the influence of alcohol at the time of the instant crime, the Defendant had weak ability to discern things or make decisions.

B. Unless otherwise, the lower court’s sentencing (ten months of imprisonment) is too unlimited and unfair.

Judgment

A. According to the record as to the claim of mental retardation, it is found that the defendant was aware of drinking alcohol at the time of the crime of this case, but in light of the circumstances leading to the crime of this case, the defendant's attitude before and after the crime of this case, and the speech and behavior, etc., it is not deemed that the defendant had the weak ability to discern things or make decisions at the time of the crime of this case, and therefore,

B. As to the assertion of unfair sentencing, the Defendant made a confession of all of the instant crimes, and is in violation of depth, the victims’ degree of damage is relatively not severe, and the Defendant appears to have been punished 11 times prior to the instant crimes. However, even before the instant crimes, the Defendant had been punished for the same crime. In particular, the Defendant was sentenced to imprisonment with prison labor for three years and for two years, and committed the instant crimes without being aware of the fact that he/she had been sentenced to imprisonment with prison labor for the crime of rape and for two years, and did not reach an agreement with the victims excluding C until the trial, and the remaining victims did not reach an agreement, and taking into account various circumstances, such as the motive and circumstance of the instant crimes, circumstances after the instant crimes, the Defendant’s age, character and conduct, and environment, etc., and the sentencing conditions specified in the instant records and arguments, it cannot be deemed unfair for the lower court to impose the sentence too

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is groundless. It is so decided as per Disposition

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