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(영문) 인천지방법원 2015.03.12 2015노82
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed the instant crime under the influence of alcohol due to mental and physical disorder, and thus, at the time of the instant crime, was in the state of mental and physical disorder or mental disability.

B. The sentence of imprisonment (six months of imprisonment) imposed by the court below on the defendant 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 recognized that the defendant was drinking at the time of the crime of this case, but the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime in light of the circumstances leading to the crime of this case, the means and methods of the crime, and the circumstances before and after the crime.

It does not seem that there was a weak or weak state, and there is no other evidence to deem that the defendant had a mental disorder.

Therefore, the defendant's above assertion is without merit.

B. The lower court’s punishment is too unreasonable in light of various circumstances, including the Defendant’s confession on unfair sentencing, the Defendant’s deposit of a certain amount for the victims, the degree of injury to the victim F, the victims’ age, character and conduct, the motive, means and method of the instant crime, and the circumstances after the commission of the crime, etc., and the following circumstances.

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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