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(영문) 서울중앙지방법원 2017.01.13 2016노4368
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding the legal doctrine, was in a state of mental and physical loss or mental weakness by drinking alcohol at the time of committing each of the instant crimes.

B. The punishment of the lower court is heavy.

2. Determination

A. According to the evidence examined by the lower court, the Defendant was deemed to have served alcohol at the time of each of the instant crimes, but the Defendant was deemed to have had no or weak ability to discern things or make decisions due to drinking at the time of each of the instant crimes, in view of the following circumstances: (a) the Defendant committed each of the instant crimes; (b) the means and methods of and methods for committing each of the instant crimes; and (c) the Defendant’s act before and after the instant crimes.

It does not seem that it does not appear.

B. The lower court’s wrongful assertion of sentencing is not recognized as unfair in light of the circumstances revealed in the grounds of sentencing and the conditions of sentencing indicated in the record.

3. The defendant's appeal is dismissed.

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