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(영문) 수원지방법원 2013.12.18 2013노4117
범인도피
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state of mental disability due to mental disorder.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, two years of suspended sentence) is too unreasonable.

2. Determination

A. The defendant's judgment on the claim of mental disability was in a state of drinking alcohol at the time of the accident in this case, and it is acknowledged that he had long been suffering from pulse disorder, severe depression, eululty depression, coercion disorder, impulse disorder, closure tolerance, and alcohol respect. However, in light of the background leading to the crime, the method and method of the crime in this case, the defendant's act before and after the crime, the circumstances after the crime, the defendant's reputation amount, etc., it cannot be seen that the defendant had a state of weak ability to discern things or make decisions at the time of committing the crime in this case. Thus, the above argument by the defendant is rejected.

B. Although the Defendant’s judgment on the assertion of unfair sentencing is against the recognition of and against the instant criminal act, the Defendant’s criminal escape crime of the instant case constitutes a crime that interferes with the State’s proper criminal justice action by causing confusion in the investigation and making it difficult to discover substantial truth, and thus, requires strict diversification. In light of the Defendant’s age, criminal record, character and conduct, family environment, motive, circumstance, means, method and consequence leading to the instant crime, and the circumstances before and after the instant crime, etc., the lower court’s punishment (two months of imprisonment and two years of suspended sentence) cannot be deemed to be unfair, as it is appropriate and too unreasonable.

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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