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(영문) 춘천지방법원 2014.04.30 2013노996
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had the ability to discern things or make decisions under the influence of alcohol as of March 20, 2013 and July 5, 2013.

B. The sentence of imprisonment (ten months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mental and physical disorder, it is deemed that the Defendant was aware that he had drinking to a certain extent at the time of committing the crime as of March 20, 2013, and July 5, 2013, and in light of the circumstances leading to each of the above crimes, the Defendant did not have a state where he had the ability to discern things or make decisions under the influence of alcohol at the time of committing each of the above crimes. Thus, this part of the Defendant’s assertion is without merit.

B. Although there are favorable circumstances, such as the fact that the Defendant’s mistake is divided into one another, and the Defendant’s health status is not good, the Defendant did not reach an agreement with the victims up to the trial. The Defendant has been punished several times for the same kind of crime. The Defendant committed each of the instant crimes without being aware of the repeated crime due to the same crime; the Defendant did not appear in the trial of the court below; the Defendant’s execution of a warrant of detention issued by the court below without attending the trial of the court below led to detention; and the Defendant’s motive and background leading up to each of the instant crimes; the Defendant’s age, character and conduct, environment, etc. were considered as being too unreasonable. Thus, this part of the Defendant’s assertion is without merit.

3. As such, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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