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(영문) 서울고등법원 2017.12.14 2017노3142
폭력행위등처벌에관한법률위반(상습특수상해)
Text

The defendant's appeal is dismissed.

Reasons

Despite the fact that the Defendant had a mental disorder by drinking alcohol at the time of committing the instant crime, the court below erred by failing to reduce or exempt the mental disorder.

The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

According to the records as to the assertion of mental disorder, although the defendant was deemed to have had drinking at the time of the crime of this case, in light of all circumstances such as the background of the crime of this case, the contents of the crime, the means and method of the crime, the circumstances after the crime of this case, etc., the defendant was in a state of having no or weak ability to discern things or make decisions due to drinking

does not appear.

This part of the defendant's assertion is without merit.

In regard to the unfair argument of sentencing, the court below's judgment is not deemed to be unfair by taking into account all the circumstances such as the defendant's age, character and environment, relationship with the victim, motive and consequence of the crime of this case, circumstances after the crime of this case and the sentencing conditions indicated in the argument of this case, such as the circumstance that the court below, in particular, the defendant had a large number of favorable and unfavorable circumstances for the defendant, and that the defendant had a record of the same kind of crime, and that the defendant did not commit the crime of this case even though he was committed during the repeated crime period, and that the victim agreed to the victim and the victim had continued to submit the diagnosis at the court below.

This part of the defendant's assertion is without merit.

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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