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(영문) 서울북부지방법원 2018.05.31 2018노483
상습폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (mental disorder and sentencing) was in the state of mental disorder under the influence of alcohol at the time of committing the instant crime, and the sentence of the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mental disorder, the following circumstances revealed in the record of the instant case, namely, the motive and circumstance of the instant crime, the means and method of the crime, and the circumstances before and after the instant crime, the Defendant had no or weak ability to discern things or make decisions at the time of the instant crime.

Unlike the lack of view, there is no other evidence to recognize the mental disorder of the defendant.

Therefore, the defendant's mental disorder cannot be accepted.

B. As to the wrongful assertion of sentencing, the fact that the defendant has already been admitted to the crime of this case, and that there has been mutual agreement with the I as the victim of special injury prior to prosecution is favorable to the defendant, or that the crime of this case has been committed without being aware of the circumstances favorable to the defendant even during the period of repeated crime, the nature of the crime of this case is not good, and the fact that the detention house has continuously been detained due to the crime of this case and has committed a violation of regulations such as disturbance, self-injury, etc.

Considering such factors as favorable or unfavorable to the defendant, the sentence of the court below is too unreasonable because the sentence is too unreasonable.

Therefore, we cannot accept the defendant's unfair argument of sentencing.

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

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