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(영문) 서울북부지방법원 2018.11.30 2018노1805
경범죄처벌법위반
Text

The defendant's appeal is dismissed.

Reasons

1. At the time of committing the crime of Paragraph 2 of the judgment below, the Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol.

2. The record reveals that the defendant had no or weak ability to discern things and make decisions at the time of the instant case.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices (see, e.g., Supreme Court Decision 200Da3644, Nov. 19, 2014).

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