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(영문) 서울남부지방법원 2018.02.09 2017노2303
특수상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 was mentally and physically under the influence of drinking alcohol while he was unable to drink with a mental and physical medicine who had been imprisoned at the time of committing the instant crime.

2) The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical weakness, the Defendant is deemed to have proved alcohol dependence, and drinking alcohol at the time of the instant crime, but thereby committed a crime under the lack of ability or intent to discern things.

Since it is not recognized, this part of the defendant's assertion is rejected.

B. We examine both the Defendant and the Prosecutor’s argument regarding the wrongful determination of sentencing.

In full view of the circumstances that the court below rendered on the grounds of sentencing and all the sentencing conditions shown in the records and arguments of this case, the sentence imposed by the court below is deemed appropriate, and it seems unfair because it is too heavy or too low. Thus, the arguments of the defendant and the prosecutor are without merit.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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