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(영문) 인천지방법원 2015.05.15 2015노986
폭력행위등처벌에관한법률위반(상습폭행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, it is difficult to accept this part of the defendant's assertion, since the defendant was deemed to have had a considerable amount of alcohol at the time of the crime of this case, but considering the degree of drinking and the attitude and behavior before and after the crime of this case, it cannot be deemed that the defendant at the time of the crime of this case had a weak ability to discern things or make decisions.

B. We examine the judgment on the assertion of unfair sentencing, the defendant's recognition of the crime of this case, the defendant's damage from the crime of this case is not significant, and the victims have agreed with the victim.

However, the above circumstances are deemed to have already been considered as factors of sentencing at the court below, and the defendant committed the same kind of crime without being aware of even though he was a repeated offense period of the same kind of crime, and thus, the sentence of sentence against the defendant is inevitable, and there is no particular change in circumstances that can be considered in the sentencing at the court below, and in light of the defendant's age, character and conduct, environment, circumstances and result of the crime of this case, and all of the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable. Thus, the defendant's above assertion is rejected

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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