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(영문) 서울남부지방법원 2020.11.12 2020노1453
폭력행위등처벌에관한법률위반(상습폭행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, under the influence of alcohol, has committed each of the crimes in this case under the state of mental and physical disability.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the claim of mental disability, 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, he did not have the ability to discern things or make decisions.

Since it seems that the defendant was in a state or weak condition, the defendant's assertion of mental disability is without merit.

B. Each of the instant crimes appears to have been under the influence of alcohol, and the victim C does not want to be punished against the Defendant is highly favorable; however, the Defendant was punished for the same kind of crime (Habitual injury in 2017, habitual assault in 2019), the Defendant was released from the custody of the Defendant, and the Defendant was committed more than 20 days, and the repeated crime was committed more than 20 days. The period of repeated crime is in progress; most of the crimes were committed against the victim who does not have a special relationship with the Defendant; most of the crimes did not cause social danger; they did not receive suspicion from the victims other than the victim C; the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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