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(영문) 서울남부지방법원 2014.02.07 2013노2036
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of this case with mental disorder is committed in a state of mental disorder or mental disorder under the influence of brain salute aftermathy and alcohol by the defendant.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (700,000 won of a fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court as to the assertion of mental and physical disorder, the Defendant had previously undergone cerebral math surgery, and was found to have dye alcohol at the time of the instant crime, but in light of various circumstances, such as the Defendant’s behavior before and after the instant crime and the Defendant’s statement by memory of the criminal process, the Defendant did not have the ability to discern things or make a decision under the influence of cerebral mathosis or alcohol at the time of the instant

Since it cannot be seen that it has reached a state or weak, this part of the defendant's assertion is without merit.

B. Even though the Defendant’s judgment on the assertion of unfair sentencing is contrary to the Defendant’s assertion of unfair sentencing, and the economic situation and health condition are not good, the lower court appears to have determined the punishment in consideration of all such circumstances, and there are no changes in circumstances that may be considered in the sentencing after the lower judgment, and in full view of the developments leading up to the instant crime, the means and methods, the circumstances after the instant crime, and the Defendant’s age and happiness environment, etc., as well as other various circumstances that form the conditions for sentencing under Article 51 of the Criminal Act as indicated in the records

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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