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(영문) 서울북부지방법원 2016.10.28 2016노1361
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. The Defendant was in a mental disorder at the time of committing the crime.

B. The lower court’s sentence of unreasonable sentencing is heavy.

2. Determination

A. According to the evidence duly admitted and duly admitted as to the assertion of mental disorder, the fact that the defendant was receiving medical treatment due to depression, etc. is recognized, but it cannot be said that the defendant had suffered a mental disorder.

B. There is no significant change in circumstances after the judgment of the court below on the assertion of unfair sentencing.

Considering the Defendant’s petition of appeal, statement of grounds of appeal, and other factors of sentencing indicated in the trial records, the lower court’s punishment is heavy even considering the circumstances alleged by the Defendant.

3. Conclusion, the defendant's appeal is dismissed without pleading pursuant to Article 364 (5) of the Criminal Procedure Act.

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