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(영문) 광주고등법원 (제주) 2013.11.13 2013노68
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

The defendant and prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant asserts that the defendant was in a state of mental disorder or mental disability by being guilty at the time of committing each of the crimes in this case.

B. The defendant and his defense counsel asserted that the sentence of imprisonment (one year of imprisonment) by the court below is too unreasonable, and the prosecutor asserts that it is too uneasible and unfair.

2. Determination:

A. Although it is recognized that the Defendant was drinking at the time of each of the instant crimes, considering the fact that the Defendant was under investigation by an investigative agency and stated in a considerable memory of the situation at the time of each of the instant crimes, and the background, method, content of each of the instant crimes, and the Defendant’s act before and after the instant crimes, it cannot be deemed that the Defendant had lost or weak ability to discern things at the time of the instant crimes.

Therefore, we cannot accept the above argument of the defendant and defense counsel.

B. The lower court rendered a sentence of one year to the Defendant on the assertion of unfair sentencing on the ground that the instant crime committed by the Defendant, without any special reason or on three occasions at the same place or for the purpose of retaliation, was not very good in terms of the nature of the relevant crime, and that the victims did not recover from damage.

Examining the above circumstances presented by the court below in light of the records, it is just and acceptable, and it cannot be deemed that the sentence of the court below determined within the scope of the recommended sentence of the Sentencing Committee is too heavy or too unreasonable.

Therefore, the above argument by the defendant, defense counsel, and prosecutor cannot be accepted.

3. If so, each appeal filed by the Defendant and the prosecutor is groundless, and thus, Article 364(4) of the Criminal Procedure Act is applicable.

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