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(영문) 서울남부지방법원 2013.08.23 2013노1117
폭력행위등처벌에관한법률위반(우범자)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of this case with mental disorder was committed under the state of mental disorder or mental disability under the influence of alcohol by the defendant.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court as to the assertion of mental and physical disorder, in light of various circumstances, such as the fact that the Defendant had drinking alcohol at the time of each of the crimes in this case, but the Defendant’s behavior before and after each of the crimes in this case and the fact that the Defendant testified in the process of the crime, the lower court did not have the ability to discern things or make decisions under the influence of alcohol

Since it cannot be seen that it has reached a state or weak, this part of the defendant's assertion is without merit.

B. Although there is an agreement with the victim D on the assertion of unfair sentencing, such circumstance is deemed to have already been considered in the lower court’s determination of punishment, the degree of damage to the victims is not easy, and the crime of this case is an offense of assaulting the victim or carrying a deadly weapon with a dangerous object, and the nature of the crime is not good, and other circumstances, such as the background, means and method of the crime of this case, the circumstances after the crime, the Defendant’s age and happiness environment, etc., and the conditions of sentencing as stipulated in Article 51 of the Criminal Act as stated in the records and arguments, do not seem to be too unreasonable.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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