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(영문) 서울고등법원 2013.10.11 2013노1635
강도상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for fourteen years.

The seized kitchen shall be confiscated by one kitchen (No. 1).

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was under the influence of alcohol at the time of each of the instant crimes, and was in a state of mental and physical disability. 2) The lower court’s sentence on the Defendant of unreasonable sentencing (a prison term of 17 years and confiscation) is too unreasonable.

B. The sentence of the lower court to the Defendant against the prosecutor (unfair form) is too unhued and unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the court below as to the defendant's claim of mental disability, the defendant is recognized as having drinking prior to the crime of this case, but the defendant's behavior before and after the crime of this case (the defendant listens to the appearance of "the victim" at the time of the crime of robbery injury against victim I, and the victim is even married between the defendant and the victim, "this woman is very wind, and this woman is very wind," and the situation and condition (whether the situation is wind.) (the slope W belonging to the police station of this case was the same to the extent that the defendant was aware of drinking even after the crime of this case, and that he was unable to say that the defendant had the ability to make a decision at the time of the crime of this case, considering the circumstance and method of each crime of this case, and the contents of the crime, and the behavior of the defendant before and after the crime of robbery injury by robbery against victim I, the defendant cannot be seen as having reached the state of mental disability at the time of the crime of this case.

In addition to the claim of mental suffering from the foregoing, the Defendant stated that “the head is wrong, the same shall apply to all kinds of days, which are not the spirit.” In addition to the claim of mental suffering from the foregoing, the Defendant stated on September 10, 2013, and dated September 27, 2013.

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