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(영문) 울산지방법원 2014.01.17 2013노952
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of this case committed by the defendant with mental disability is committed in a state of mental disorder caused by alcohol.

B. In light of the overall circumstances of the instant case of unfair sentencing, the sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the circumstances acknowledged by the evidence duly adopted and examined in the court below's judgment as to the claim of mental disability, the defendant's behavior before and after the crime, the defendant's reputation and drinking habits, etc., it does not seem that the defendant was in a state of mental disability under the influence of alcohol at the time of the crime, and even if the crime of this case was committed under the state of mental disability, it cannot be exempted from liability because it constitutes "the act of a person who predicted the occurrence of danger and caused a mental disorder" under Article 10 (3) of the Criminal Act.

Therefore, the defendant and defense counsel are not accepted.

B. Although there are favorable circumstances for the defendant, such as the fact that the defendant agreed with the victim E on the assertion of unfair sentencing, that the defendant did not repeat a crime by breaking his mistake, it appears that it was sufficiently considered in the original judgment. The degree of injury of the victim caused by the crime of this case is not less than that of the victim, that the same force has reached several times, and that there was five times of punishment for obstruction of performance of official duties, and that there was three times of suspended sentence, and that there was three times of suspended sentence, the sentencing guidelines of the Supreme Court, the defendant's age, character and conduct, environment, and circumstances after the crime, etc., the defendant's argument cannot be deemed unfair since the sentence imposed by the court below is inappropriate.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is groundless.

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