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(영문) 서울고등법원 (춘천) 2013.07.03 2013노65
강도상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of the instant case, the Defendant was in the state of having no or weak ability to discern things or make decisions due to depression and sulvement. (2) The punishment sentenced by the lower court (seven years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. The Defendant asserted mental disorder in the lower court’s determination as to the Defendant’s mental disorder. The lower court, based on the evidence duly admitted and examined, acknowledged that the Defendant’s intellectual function at the level of alcohol abuse, B-military personality disorder, and boundary was diagnosed. However, the Defendant did not have the ability to discern things or make decisions.

It was determined that it did not seem to have reached a weak or weak state.

Examining the above judgment of the court below in light of the evidence duly adopted and investigated, the judgment of the court below is sufficiently acceptable, and the following circumstances recognized by the above evidence are determined by the Medical Treatment and Custody Director at the time of each crime of this case, namely, that the defendant was not in a state of mental disorder or mental disability at the time of each crime of this case; that is, the AH Hospital Head and the AH Hospital Head of Ansan Medical Foundation Director cannot determine whether the defendant was in a state of mental disorder or mental disability at the time of each crime of this case; and that other, considering the circumstances, means, and circumstances after each of the crimes of this case, it does not seem that the defendant was in a state of mental disorder or mental disability

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

B. The Defendant’s judgment on the assertion of unfair sentencing by the Defendant and the prosecutor has a career of having been sentenced to imprisonment several times, and the execution of the last imprisonment on December 24, 201 is completed, and is during the period of repeated crime.

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