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(영문) 춘천지방법원 2016.11.17 2016노886
경범죄처벌법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each of the instant crimes with mental and physical disorder is that the Defendant was in a mental and physical state due to alcohol alcohol or behavioral disorder.

B. The lower court’s sentence of unreasonable sentencing (one month of imprisonment and a fine of six hundred thousand won) is too unreasonable.

2. Determination

A. Determination of the assertion of mental disorder is suffering from a mental and behavioral disorder by alcohol use, and even though the defendant was found to have been in a state of drinking at the time of each of the crimes in this case, it seems that the defendant had been punished several times even before the crime was committed, and that such violence inclination was more easily realized at the time of drinking, the responsibility cannot be reduced or exempted pursuant to Article 10(3) of the Criminal Act.

The defendant's assertion is rejected.

B. It is reasonable to respect the sentencing of the first instance court when there is no change in the conditions of sentencing compared with the first instance court’s judgment on the assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the first instance court’s judgment and to refrain from imposing a sentence that does not differ from the first instance court on the sole ground that

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the original judgment on the grounds that new materials for sentencing have not been submitted in the trial and the lower court did not recognize that the lower court’s sentencing is too too unreasonable and exceeded the reasonable scope of discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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