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(영문) 수원지방법원 2017.11.10 2017노5672
경범죄처벌법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed each of the instant crimes under the condition of physical and mental loss or mental weakness by drinking mental disorder.

B. The punishment sentenced by the lower court (1.50,000 won) is so excessive that it is unfair for the lower court to impose the punishment (the Defendant’s punishment is heavy in the reflective text submitted to the lower court).

Although it was stated that the defendant did not have claimed, it is deemed that there was an unfair argument for sentencing in light of the contents of the defendant's written submission, such as the statement that the defendant sought the prior action for the reasons for appeal. 2.

A. According to the record of the determination on the assertion of mental and physical disorder, even though the defendant was aware of drinking alcohol at the time of each of the crimes in this case, the defendant was in a state where he was unable to discern things or make decisions under the influence of alcohol at the time of the crime

There is no evidence that can be seen.

Therefore, the defendant's above assertion is without merit.

B. In light of the following: (a) the Defendant’s mistake and reflects his fault; (b) the Defendant has been punished for the same kind of crime several times; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) all of the sentencing conditions indicated in the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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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