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(영문) 인천지방법원 2013.08.23 2013노1398
상해
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant committed the instant crime under the influence of alcohol, under the circumstances that the Defendant lacks the ability to discern things or make decisions, and the punishment (1.5 million won of a fine) imposed by the lower court against the Defendant is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the claim of mental disability, it is found that the defendant was aware that he had drinking alcohol at the time of the crime in this case, but in light of the circumstances of the crime in this case, the method and method of the crime in this case, and the circumstances before and after the crime in this case, it is not deemed that the defendant had the ability to discern things or make decisions, and thus, the defendant's claim

B. In full view of all the circumstances indicated in the records, such as the Defendant’s age, character and conduct, environment, relationship with the victim, motive and means of the instant crime, and consequence of the instant crime, the Defendant’s punishment imposed by the lower court against the Defendant is too unreasonable, and thus, the Defendant’s assertion of unfair sentencing is not reasonable. However, the Defendant’s assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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