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(영문) 인천지방법원 2019.07.26 2019노1493
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1: (i) The Defendant, at the time of committing the instant crime, has weak the ability to discern things or make decisions.

Dob. The sentence imposed by the court below on the defendant (one hundred months of imprisonment, confiscation) is too unreasonable.

B. The above sentence imposed by the court below on the defendant is too uneasible and unfair.

2. Determination

A. Even according to the records of the judgment on the defendant's claim of mental disability, it is insufficient to recognize that the defendant at the time of the crime of this case has failed to discern things or make decisions due to mental disorder, etc., and there is no other evidence to acknowledge it.

Therefore, the defendant's assertion of mental disability is not accepted.

B. In light of the instant judgment on the assertion of unreasonable sentencing by the Defendant and the prosecutor, taking into account the various sentencing conditions indicated in the instant records and arguments, the Defendant and the prosecutor’s assertion as the grounds for appeal do not seem to be too heavy or too unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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