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(영문) 인천지방법원 2018.11.23 2018노200
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant was under the influence of alcohol at the time of committing each of the instant crimes, the lower court, which did not render a sentence mitigated or acquitted, erred by misapprehending the legal doctrine on mental and physical disorder, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (2.5 million won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined in the lower court’s determination as to the assertion of mental and physical disorder, it is recognized that the Defendant was in a drinking condition at the time of each of the instant crimes, but, in light of the circumstances surrounding each of the instant crimes, the details and the circumstances after each of the instant crimes, the Defendant had no or weak ability to discern things or make decisions.

subsection (b) of this section.

The defendant's mental disorder is without merit.

B. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle as to the determination of sentencing with respect to the determination of sentencing, has the unique area of the first instance court as to the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is reasonable to respect this in a case where there is no change in the conditions of sentencing compared to the lower court’s failure to submit new data on sentencing in the trial, and in full view of the circumstances shown in the records and arguments of this case, it is not recognized that the lower court’s sentencing was too excessive and exceeded the reasonable scope of discretion.

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

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