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(영문) 부산지방법원 2021.02.03 2020노3990
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical loss or mental weakness at the time of committing the instant crime.

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

2. Determination

A. In light of the background, means, and method of the instant crime committed by the evidence duly adopted and examined by the lower court, and the conduct before and after the instant crime, the Defendant had lost or weak ability to discern things or make decisions at the time of the instant crime.

It does not appear.

Therefore, the defendant's mental disorder is not accepted.

B. The lower court determined the Defendant’s punishment by taking into account the favorable and unfavorable circumstances of the Defendant, taking into account the factors favorable to the Defendant.

In full view of all the circumstances that are conditions for sentencing in this Court, the judgment of the court below exceeded the reasonable scope of its discretion.

There is no special change in circumstances that can evaluate or change the sentence of the court below.

In addition, even if the sentencing grounds revealed in the proceedings of the instant case, such as the Defendant’s age, environment, circumstances and result of the crime, etc., are comprehensively taken into account, the sentencing of the lower court exceeded the reasonable scope of discretion because it is too big.

It does not appear.

There is no reason to believe that the sentencing of the defendant is unfair.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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