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(영문) 서울서부지방법원 2015.09.25 2015노1192
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court, even though the Defendant was under the influence of alcohol at the time of each of the instant crimes, did not have or lacks the ability to discern things or make decisions.

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

2. Determination

A. In light of the background, process, means and method of the instant crime, the Defendant’s act before and after the instant crime was committed, etc. as revealed in the evidence duly adopted and examined by the lower court, it is deemed that the Defendant was aware of drinking at the time of each of the instant crimes, but it does not seem that the Defendant did not have the ability to discern things or make decisions, and thus, the Defendant’s above assertion is rejected.

B. In light of the favorable circumstances, such as the victim H’s failure to want punishment against the defendant, the remaining victims are not agreed, and the defendant has been punished several times due to a crime similar to the instant case, despite the fact that the defendant had been punished several times, the defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, and other various circumstances, which are the conditions for sentencing specified in the instant argument, such as the defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, etc., the sentence imposed by the court below is too unreasonable.

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

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