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(영문) 서울북부지방법원 2013.12.12 2013노1275
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder at the time of committing the instant crime.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below, it is recognized that the defendant had received medical treatment for mental illness such as divesive disorder, etc., but it does not seem that the defendant was in a state of mental disorder at the time of the crime in this case, so the above assertion by the defendant is without merit

B. In full view of all the sentencing conditions indicated in the records and arguments of the case of unfair sentencing, the Defendant’s previous convictions for the same kind of violence, and the absence of agreement with the victims, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

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

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