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(영문) 서울중앙지방법원 2015.04.02 2014노4512
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state of mental disability under the influence of alcohol.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the records, the defendant's assertion of mental disability is acknowledged as being drunk at the time of the crime of this case, but in light of the circumstances indicated in the records, such as the circumstances leading to the crime, the details of the crime, and the defendant's behavior before and after the crime of this case, it does not seem that the defendant had the ability to discern things and make decisions at the time of the crime of this case. Thus, this part of the defendant's assertion is rejected.

B. Although there are extenuating circumstances for the Defendant to take into account the Defendant’s mistake in depth and the degree of damage, considering the following circumstances, considering the following circumstances, the lower court’s punishment imposed on the Defendant is not deemed unreasonable, and thus, the Defendant’s assertion is not acceptable.

Although the defendant had been punished for committing the crime of injury, he committed the crime of this case.

The punishment determined by the court below seems to have taken into account all favorable circumstances for the defendant, and there is no special change in circumstances or circumstances that can be newly considered in the sentencing after the sentence of the court below.

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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