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(영문) 대전고등법원 2013.05.08 2013노111
강도상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disorder or mental disability.

B. The lower court’s sentencing (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the judgment on the assertion of mental and physical disorder, although the defendant was found to have a drinking condition at the time of the crime of this case, in light of the background leading up to the crime, the means and method of the crime, and the circumstances after the crime, etc., the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime.

did not appear to have existed in or weak condition.

The defendant's above assertion is without merit.

B. As the statutory punishment for the crime of robbery injury, which is the crime of this case’s judgment on the assertion of unfair sentencing, is imprisonment for life or for a limited term of not less than seven years, so long as the Defendant’s assertion of mental and physical disorder is not accepted as above, the punishment for three years and six months sentenced by the court below is the lowest applicable sentences under the law, so there is no room for mitigation. In full view of various circumstances, including the Defendant’s age, character and behavior, intelligence and environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the court below’s sentencing cannot

The defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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