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(영문) 서울중앙지방법원 2017.04.14 2017노597
폭력행위등처벌에관한법률위반(상습상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. From the day immediately before the instant crime was committed, the Defendant was physically and mentally deprived or physically weak.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined in the lower court’s judgment on the assertion of mental and physical weakness, the Defendant is deemed to have served alcohol at the time of the instant injury crime, but in full view of the background, process of the crime, the Defendant’s act before and after the crime, etc., the Defendant lost his ability to discern things or make decisions, or committed the instant crime under weak conditions.

It does not appear.

Therefore, the defendant's above assertion is rejected.

B. In the instant case where there is no change in the sentencing conditions that would be specifically considered in the appellate court’s judgment on the unfair argument of sentencing, in full view of various circumstances, including the Defendant’s age, sexual conduct, environment, health condition, family relationship, motive, means, and consequence of the crime, etc., the lower court’s sentence against the Defendant is too unreasonable because it goes beyond the scope of the sentencing discretion.

Therefore, the defendant's argument of sentencing is not accepted.

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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