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(영문) 서울중앙지방법원 2014.07.11 2014노565
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The sentencing of the first instance court on the unfair sentencing (the fine of four million won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the first instance court as to the assertion of mental disorder, it is recognized that the Defendant was under the influence of alcohol at the time of the instant crime, but in light of the content of the instant crime and the behavior of the Defendant before and after the instant crime, the Defendant’s attitude to make a statement after the Defendant was arrested, etc., it seems that the Defendant did not have the ability to discern things or make a decision under the influence of alcohol at the time of the instant crime. Therefore, the Defendant

B. In full view of the circumstances that led to the Defendant’s assertion of unfair sentencing, considering the background leading up to the instant case, the content of the offense, the method and form of the offense, etc., the Defendant may have the same criminal power as the Defendant, the Defendant’s failure to endeavor to recover from damage, etc., and other various circumstances that form the conditions of sentencing as indicated in the records, such as the Defendant’s age, character and conduct, environment, and family relationship, the first instance sentencing against the Defendant is too unreasonable, and thus, the Defendant’s assertion of unfair sentencing is without merit.

3. 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.

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