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(영문) 광주지방법원 2020.09.08 2019노3122
퇴거불응
Text

The defendant's appeal is dismissed.

Reasons

1. On December 6, 2019, the Defendant submitted a petition of appeal on December 6, 2019, stated only unfair sentencing and mental and physical disorder as the grounds for appeal. On September 8, 2020, the first day of the appeal period, the Defendant added an assertion of mistake of facts or misapprehension of legal principles to the effect that the Defendant’s act, other than the above allegation of unfair sentencing and mental and physical disorder, does not constitute a crime of

However, the above erroneous determination of facts or misapprehension of legal principles cannot be deemed a legitimate ground for appeal because it was newly made after the deadline for submitting the grounds of appeal. Even if ex officio examination is conducted, the judgment of the court below which found the Defendant guilty of the facts charged in this case according to the evidence duly adopted and examined

At the time of each of the instant crimes, the Defendant had no or weak ability to discern things or make decisions under the influence of alcohol.

B. The lower court’s sentence of unreasonable sentencing (fine 2,00,000) is too unreasonable.

2. According to the records of the instant case’s assertion of mental disorder, although the Defendant appears to have served as a drinking at the time of the instant crime, it does not appear that the Defendant had had or weak capacity to discern things at the time of committing the instant crime.

This part of the defendant's assertion is not accepted.

3. It is favorable for the defendant to recognize the crime of this case as to the assertion of unfair sentencing, but the defendant's act of this case during the period of repeated crime due to this previous and previous circumstances is disadvantageous.

There is no special relationship or change of circumstances that can be newly considered by this court, and in full view of the defendant's age, character and conduct, family relationship, circumstances after the crime, and various sentencing conditions as shown in the records and arguments of this case, the sentence of the court below is too unreasonable.

Defendant.

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