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(영문) 수원지방법원 2012.12.27 2012노5009
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant had the ability to discern things or make decisions by drinking alcohol at the time of each of the instant crimes.

B. The lower court’s imprisonment (six months of imprisonment) on the ground of unfair sentencing is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, it is recognized that the Defendant was in a state of drinking considerable quantity at the time of each of the instant crimes, but comprehensively takes account of the circumstances leading up to each of the instant crimes, the Defendant’s speech and behavior appearing before and after the instant crimes, the Defendant’s statement attitude at the time of investigation immediately after the arrest, and the response, etc., it is not recognized that the Defendant was under the influence of alcohol so as to avoid things or lacks ability to make decisions.

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

B. As to the assertion on unfair sentencing, in full view of all the sentencing conditions, including: (a) the Defendant assaulted the said victim on the ground that the said victim D, who is a female living together, had been in contact with another male for about three weeks, and inflicted bodily injury on the part of the said victim E in need of medical treatment; and (b) further, assaulted the said victim E, which is the victim’s speech of the said assault; (c) the case is not easy; (d) the Defendant was punished by multiple punishments such as one time of punishment due to the same type of crime; (d) the Defendant committed a second offense without being familiar with the victim during the suspension period of execution due to the instant crime; and (e) the fact that there was no agreement with the victims up to the trial, it cannot be deemed unfair

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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