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(영문) 서울북부지방법원 2017.03.09 2016노2732
폭행등
Text

The defendant's appeal is dismissed.

Reasons

The defendant with mental and physical disorder in the summary of the grounds for appeal was suffering from severe stress at the time of each of the instant crimes, and was in a state of mental and physical loss or mental weakness.

The sentencing (six months of imprisonment) of the lower court is too unreasonable.

In light of the developments leading up to each of the instant crimes, the means and methods of the crime, the specific details of the crime, and the circumstances after the crime, etc. acknowledged by the evidence duly adopted and examined by the lower court as to the allegation of mental and physical disorder as to the grounds for appeal, the Defendant was in a state that the Defendant did not have or lacks the ability to discern things at

As such, we cannot see this part of the defendant's assertion.

Although there are circumstances that may be considered in light of the circumstances such as the defendant's time to commit each of the crimes in this case and the fact that the victim H has agreed with regard to the unfair argument of sentencing, the court below seems to have determined the punishment by reflecting all of them. The defendant again committed each of the crimes in this case even though he/she was tried for other violent crimes, and other circumstances that are conditions for sentencing as shown in the records and arguments, such as the defendant's age, sex, environment, motive and circumstance of the crime, means and consequence of the crime, circumstances after the crime, etc., are equally examined, the sentencing of the court below is determined within the reasonable and appropriate scope, and it is not deemed unfair. Thus, this part of the defendant's assertion is also rejected.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.

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