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(영문) 서울중앙지방법원 2015.01.30 2014노4659
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of the instant case and committed a crime under the condition of mental and physical disability, or mental disability.

B. The first instance sentence of unfair sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, although the defendant was found to have a drinking condition at the time of the crime of this case, the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime in light of the circumstances leading to the crime of this case, the means and methods of the crime, and the circumstances after the crime.

Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

B. Although the Defendant made a confession of the instant crime against the assertion of unfair sentencing, the Defendant, even though there are many similar groups of crimes, did not recover damage during the period of repeated crime, [2014Da3499], in the case of the instant crime, the victims could have caused significant damage if they did not immediately avoid as soon as possible. The circumstances favorable to the Defendant’s assertion seem to have already been sufficiently reflected in the sentencing of the first instance court sentenced to discretionary mitigation, and other various circumstances, including the Defendant’s age, character, character, environment, criminal records, the background and method of the instant crime, the circumstances after the instant crime, etc., and the circumstances after the crime, which are conditions for sentencing as shown in the records and arguments, are considered to be unreasonable. Therefore, the Defendant’s assertion is without merit.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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