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(영문) 서울중앙지방법원 2017.08.25 2017노1882
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of grounds for appeal (misunderstanding of facts about mental and physical disorder and improper sentencing);

A. The Defendant committed each of the crimes of this case under the condition of mental and physical loss or bad faith.

(b)the sentence sentenced by the first instance court (one year of imprisonment) is too unreasonable;

2. Determination

A. According to the evidence duly adopted and examined by the first instance court, it is recognized that the drinking was at the time of each of the instant crimes, but comprehensively considering the circumstances, process of the instant crimes, the Defendant’s actions before and after the instant crimes, etc., it does not seem that the Defendant lost or weak ability to discern things or make decisions.

B. There is no change in circumstances that may consider the sentencing after the judgment of the first instance, and considering the various sentencing conditions as shown in the records and arguments of the instant case, it does not seem that the first deliberation sentence against the Defendant 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 grounds that the defendant's appeal is without merit.

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