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(영문) 수원지방법원 2013.04.18 2013노902
폭력행위등처벌에관한법률위반(상습상해)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The Defendant alleged mental disorder was under the influence of alcohol at the time of each of the instant crimes, and was in a state of mental disorder or mental disability.

The sentence of the court below (one year and six months of imprisonment) against the defendant claiming unfair sentencing is too unreasonable.

Judgment

Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant was deemed to have a drinking alcohol at the time of each crime of this case, but on the other hand, in light of all circumstances such as the process and method of crime, the defendant's specific behavior attitude before and after the crime, the court below did not have the ability to discern things or make decisions due to drinking at the time of the crime.

Since it seems that the defendant's mental and physical disability cannot be seen as being or weak, we cannot accept the defendant's argument.

The defendant's judgment on the assertion of unfair sentencing is divided into a mistake, and the victims' damage is not serious, but the defendant has a number of criminal records of the same kind, and the defendant has been sentenced on December 22, 2010, and in particular, on September 6, 2012, after the execution of the punishment was completed on September 6, 2012, he/she committed each of the crimes in this case during the repeated crime period, even though he/she was sentenced to imprisonment on September 6, 2012, and again committed each of the crimes in this case during the repeated crime period, did not reach agreement with the victims, and the crime of violation of the Punishment of Violences, etc. Act (Habitual injury) was sentenced to the minimum statutory punishment for three years, which has already been reduced by the original court at the lower court, and in full view of all the conditions of the records and arguments of this case, including the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, etc.,

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

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