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(영문) 수원지방법원 2015.12.23 2015노6115
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant suffered from mental illness, such as bipolar disorder and sulfur disorder, and was in a state of mental disorder or mental disorder.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The lower court determined that the Defendant had already been in a state of mental disorder at the time of each of the instant crimes, and determined that the Defendant had been in a state of mental disorder at the time of the instant crime, and thus, did not determine whether the Defendant was in a state of mental disorder beyond the state of mental disorder at the time

In full view of the background leading up to each of the crimes of this case, the method and method of the crime, the defendant's behavior before and after the crime, and the circumstances after the crime, which were duly adopted and examined by the court below, the fact that the defendant suffered from mental illness such as polar disorder, sulfur disorder, etc. at the time of each of the crimes of this case is acknowledged, but it does not seem that the defendant did not have such ability beyond the state of lacking the ability to discern things or make decisions.

Therefore, the defendant's above assertion is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing has become final and conclusive, and recognized the facts of each of the instant crimes and reflects them, and received mental treatment due to both polar disorder and sulfur disorder, etc., and the Defendant’s mother has died recently, and the fact that the Defendant’s father has an old father to support the Defendant is favorable to the Defendant.

However, without any reason, the Defendant is not guilty of committing a crime against many victims, such as repeating the crime, and the method of committing a crime is not only dangerous, but also seems to have high risk of recidivism, and is punished by imprisonment for a violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) in 2013.

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