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(영문) 서울북부지방법원 2020.04.24 2019노2019
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Mental health and injury: Each of the crimes in this case committed under the influence of alcohol by the defendant while the defendant was under the influence of alcohol, thereby having weak ability to discern things or make decisions.

B. Unreasonable sentencing: The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. In light of the background leading up to the instant crime, the means and method of the crime, the circumstances before and after the crime, and the statement of the Defendant, etc. indicated in the instant case’s record as to the assertion of mental disability, it cannot be deemed that the Defendant committed the crime under the lack of capacity to discern things or make decisions.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Taking full account of the circumstances favorable to the defendant (the fact that the defendant recognized his/her own responsibility for each of the crimes in this case), unfavorable circumstances (the defendant committed the crime against the aged victim D without any particular reason, and the use of dangerous articles against the female victim F, is highly likely to cause criticism, and the degree of use of force is significant in the crime of bodily injury, and the defendant does not seem to have committed special intimidation after being investigated into the crime of bodily injury; the defendant did not agree with the victims; the defendant did not reach an agreement with the victims; the defendant has the record of criminal punishment several times for the crimes related to violence); and other circumstances that constitute the conditions for sentencing as shown in the records and arguments in this case, such as the defendant’s age, character and behavior, environment, how and how the crime in this case was committed, and attitude after the investigation agency.

3. In conclusion, the defendant's appeal is justified.

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