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(영문) 광주지방법원 2017.04.26 2017노1108
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was physically and mentally deprived or physically weak due to drinking, etc.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. According to the record on the assertion of mental and physical disorder, even though the defendant was aware of drinking alcohol at the time of the crime of this case, in light of the circumstances revealed in the argument of this case, such as the background of the crime of this case and the behavior of the defendant before and after the crime of this case, the defendant had no or weak ability to discern things due to drinking, etc.

Therefore, the defendant's above assertion is without merit.

B. It is recognized that the defendant divided his mistake into his own mistake, and that the defendant agreed with the victim G and deposited some money to recover damage of the victim E, etc.

However, the crime of this case is not good, the defendant committed again during the period of repeated crime even though he had been tried for the same kind of crime, and considering the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, it is not recognized that the court below's punishment is too unreasonable. Thus, the above assertion by the defendant is without merit.

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. It is so decided as per Disposition.

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