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(영문) 서울북부지방법원 2016.08.26 2016노1221
특수상해
Text

The defendant's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. The Defendant had a mental disorder under the influence of alcohol.

B. The punishment of the lower court is heavy.

2. Determination

A. According to the record on the assertion of mental and physical disorder, even though the Defendant was deemed to have drunk at the time of the instant crime, in view of the background leading up to the crime, the means and method of the crime, and the circumstances before and after the crime, etc., the Defendant was in a state that the Defendant had no or weak ability to discern things or make decisions due to drinking.

shall not be deemed to exist.

The defendant's mental disorder is not accepted.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

In light of the records of this case and the reasons for sentencing on the judgment of the court below, considering all the circumstances asserted by the defendant on the grounds of appeal, the sentence of the court below is heavy.

subsection (b) of this section.

3. Conclusion, Defendant’s appeal cannot be accepted.

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