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(영문) 부산고등법원 2014.06.19 2014노120
강도상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder or mental disability under the influence of alcohol at the time of committing the instant crime.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the punishment imposed by the lower court (seven years of imprisonment and forty hours of attending the sexual assault treatment course, information disclosure and notification five years) is too unreasonable.

2. Determination

A. The court below made a claim about mental disorder in the judgment of the court below as to the defendant's mental disorder. The court below held that the defendant was unable to arrest the victim's face at the time of the crime of this case, and that the defendant's behavior or ability to make a decision on the crime of this case was not weak in light of the defendant's walk and attitude immediately before and after the crime of this case, although he is recognized that he had drinking to a certain extent at the time of the crime of this case, in light of the defendant's walk and attitude, which was revealed in CCTV monitoring CCTV of illegal garbage dumping in the location of this case, prior to the crime of this case. Even according to the victim's statement, the defendant made a statement that he had drinking to the defendant, but was not under the influence of alcohol. The court below held that at the time of this case, the defendant made a statement to a relatively sufficiently associate with the situation, circumstance, and motive before and after the crime of this case, such as physical color or method, etc., and that the defendant did not change his ability at the time of the crime of this case.

In full view of the evidence duly admitted and examined by the court below, the above fact-finding and determination by the court below that rejected the defendant's mental and physical claims are just and they are erroneous or erroneous.

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