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(영문) 서울남부지방법원 2013.07.19 2013노778
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of this case with mental disorder was committed under the state of mental disorder or mental disability under the influence of alcohol by the defendant.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 300,000 won) 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 disorder, the defendant was found to have drinking alcohol at the time of the crime of this case, but the defendant did not have the ability to discern things or make a decision under the influence of alcohol.

Since it cannot be seen that it has reached a state or weak, this part of the defendant's assertion is without merit.

B. In full view of the following circumstances: (a) the lower court sentenced the fine imposed by the summary order to reduce the amount of the fine imposed by the summary order; (b) there was no change of circumstances that may be considered in the sentencing after the lower judgment; (c) the Defendant has been punished several times for the same kind of crime; and (d) the background, means and methods of the instant crime; (d) circumstances after the instant crime was committed; and (e) the Defendant’s age and happiness environment; and (e) various circumstances that are the conditions for the sentencing prescribed in Article 51 of the Criminal Act

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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