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(영문) 수원지방법원 2020.03.23 2019노7254
특수상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was under the influence of alcohol and was in a state of mental disorder or mental disability.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, confiscation) is too unreasonable.

2. Determination

A. In full view of the background, means and method of each of the crimes of this case, Defendant’s speech and behavior before and after each of the crimes of this case acknowledged by the evidence duly adopted and examined by the lower court, the lower court did not have the ability to discern things or make decisions at the time of each of the crimes of this case.

not seem to have existed in or weak condition.

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

B. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle on the assertion of unfair sentencing, ought to respect the determination of sentencing in a case where there exists a unique area of the first instance court concerning the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance court’s sentencing

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the circumstances that form the conditions for sentencing as indicated in the records and pleadings in this case, the lower court’s sentencing is too unreasonable and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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