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(영문) 의정부지방법원 2013.05.23 2013노143
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant was under the influence of alcohol at the time, and there was a depression, and the Defendant committed the instant crime in a state of mental and physical disability.

B. The judgment of the court below on unreasonable sentencing (the fine of 700,000 won) is too unreasonable.

2. Determination

A. As to the assertion of mental and physical disability, there is no evidence to prove that the defendant had a depression at the time of the crime, and the fact that the defendant was under the influence of alcohol is recognized, but it is not recognized that the defendant lacks the ability to discern things or make decisions.

The defendant's argument of mental disability is not accepted.

B. Although the defendant acknowledged the crime of unfair sentencing and did not repeat the crime, considering the fact that the defendant had been punished for the same kind of crime several times, the defendant's drinking habits is likely to repeat violent behavior due to the defendant's drinking habits, and other factors of sentencing indicated in the instant case, such as the defendant's age, character and behavior, occupation and environment, circumstances and result of the crime, etc., the punishment of the court below seems to be appropriate.

The defendant's assertion of unfair sentencing is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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