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(영문) 춘천지방법원 2015.04.29 2015노144
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability due to drinking at the time of the instant crime.

B. The sentence of unfair sentencing (four months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the claim of mental retardation, it is found that the defendant was in a state of drinking alcohol at the time of the crime of this case, but in light of various circumstances such as the circumstances leading to the crime of this case, the means and method of the crime, the behavior of the defendant before and after the crime of this case, and the circumstances after the crime, it is not deemed that the defendant had a state of weak ability to discern things or make decisions due to drinking, and thus, the above argument

B. Although there are extenuating circumstances to consider the Defendant’s erroneous determination on the assertion of unfair sentencing, such as the fact that the Defendant recognized his fault and against himself, the Defendant agreed to pay medical expenses to the victim, etc., the Defendant left the instant crime during the period of repeated crime of obstruction of performance of official duties, the Defendant was punished several times due to violent crimes, and the Defendant’s motive and background leading up to the instant crime, the circumstances after the instant crime, and other various sentencing conditions indicated in the record, such as the Defendant’s age, character and conduct, etc., are considered to be too unreasonable. Thus, the Defendant’s above assertion is without merit.

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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