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(영문) 울산지방법원 2020.10.22 2020노922
특수폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed each of the instant crimes under the misunderstanding of legal principles, where the Defendant lacks the ability to discern things or make decisions due to the increase of evidence.

B. The lower court’s sentence is too heavy.

2. Determination

A. As to the Defendant’s assertion of misapprehension of the legal principles, the lower court determined that it was difficult to view that at the time of each of the instant crimes, the Defendant was in a state which lacks the ability to discern things or make decisions. In light of the records of the evidence adopted and investigated by the lower court, the lower court’s aforementioned determination is justifiable, and there was no error of misapprehending the legal principles as alleged by the Defendant.

B. The lower court’s sentencing is not deemed unfair in light of the circumstances revealed by the lower court on the grounds of sentencing and the conditions of sentencing indicated in the record.

3. The defendant's appeal is dismissed.

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