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(영문) 인천지방법원 2015.09.16 2015노2728
상해등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) The Defendant was in a state of mental disorder or mental disability due to mental illness such as anti-social personality disorder at the time of each of the instant crimes.

(2) The lower court’s sentence of unreasonable sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the defendant's mental disorder argument, the defendant does not seem to have been in a state of mental disorder or mental disability at the time of each of the crimes in this case, so the above argument by

B. The lower court’s punishment is too heavy or unreasonable in light of the following: (a) all of the sentencing conditions and the Defendant agreed with some victims of the instant case’s records and arguments regarding the allegation of unfair sentencing by the Defendant and the prosecutor; (b) the same type of criminal records and the fact that the Defendant committed the instant crime during the period of repeated crime, etc.

3. Accordingly, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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