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(영문) 대구지방법원 2004.06.23 2004노1404
특정범죄가중처벌등에관한법률위반
Text

The defendant's appeal is dismissed.

The seventy-one day of detention days before the judgment is pronounced after filing an appeal shall be sentenced to the penalty in the original judgment.

Reasons

1. Summary of grounds for appeal;

(a) The point of mental disorder: No. 1-B of the holding of the lower judgment;

C. Despite the fact that a person was in a state of mental disorder or mental disability by drinking at the time of the crime described in paragraph (1), the lower court did not take measures for reduction or exemption of punishment on the basis of its exaggeration. In so doing, the lower court erred by misapprehending the legal doctrine as to the mistake of fact or the mental or physical disorder

B. The point of unfair sentencing: In light of the various sentencing conditions of the instant case, including the Defendant’s growth environment, the sentence of the lower judgment is too unreasonable.

2. Determination

A. According to the evidence duly admitted by the court below after examining the argument of mental disorder, the defendant 1-B of the decision of the court below is examined.

C. The fact that it was somewhat drunk at the time of each crime described in the port is recognized, but there was no ability to discern things or make decisions due to it.

Therefore, the lower court did not err by misapprehending the legal principles or misconception of facts alleged by the Defendant.

B. As to the assertion on unfair sentencing, the Defendant has been sentenced three times or more due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the Defendant was sentenced one and half years to imprisonment on October 1, 2002 due to the violation of the Act on the Aggravated Punishment, etc., of Specific Crimes, etc., and was released on November 13, 2003 and again committed the same crime again in the same manner after being released from the court on November 13, 2003, and did not agree with the victims until this court, considering all of the sentencing conditions stated in the records and arguments of this case, it is deemed that the sentence (two years of imprisonment) imposed on the Defendant is appropriate.

3. In conclusion, the defendant's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that it is not reasonable, and this decision is rendered after filing an appeal by applying Article 57 of the Criminal Act.

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