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(영문) 서울서부지방법원 2016.10.13 2016노1024
특수폭행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, was in the state of having no or weak ability to discern things or make decisions due to drinking, and the instant punishment shall be mitigated or exempted.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is not recognized that the defendant had a considerable amount of alcohol at the time of the crime of this case, but in light of the defendant's speech and behavior at the time of the crime of this case, the circumstances after the crime of this case, etc., it is not recognized that the defendant at the time did not have the ability to discern things or make decisions.

Therefore, the defendant's mental disorder is without merit.

B. The crime of this case on the assertion of unfair sentencing is acknowledged, such as the crime of this case committed by the defendant using a fluoral disease, which is a dangerous object, and assaulting the victim, and assaulting the victim's face by drinking, and the crime of this case is not deemed to have been committed, and the victim seems to have suffered considerable mental impulse due to this case, and the defendant again committed the crime of this case during the period of suspension of execution due to

However, in full view of various sentencing factors indicated in the pleadings of this case, including the Defendant’s age, character and conduct, environment, the background and consequence of the instant crime, and circumstances after the crime, etc., the lower court’s punishment is unlimited and unreasonable, and thus, the Defendant’s assertion of unfair sentencing is justified. In so doing, the Defendant’s assertion of unfair sentencing is justified.

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

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