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(영문) 춘천지방법원 강릉지원 2015.06.04 2015노96
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., mental disability and unreasonable sentencing) was under the influence of the Defendant at the time of the instant crime.

Even if it is not recognized as mental or physical disability, the court below's punishment (the fine of 4 million won) is too unreasonable.

2. Determination

A. The victim E stated that, at the time of judgment on the claim of mental disability, the Defendant snificing the alcohol to the Defendant, but it is not the same as that of the Defendant.

In addition, in light of the circumstances leading to each of the instant crimes, the means and methods, and the circumstances before and after the commission of the crime, etc., it cannot be deemed that the Defendant had the weak ability to discern things or make decisions due to drinking.

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

B. There are favorable circumstances, such as the Defendant’s recognition of both each of the instant crimes and reflection thereof, and the fact that there was no other punishment except the punishment imposed once after 2000.

However, in full view of the unfavorable circumstances, such as the Defendant’s desire for a heavy security guard, and the fact that it is not good for the Defendant to commit a crime, and that there is no agreement with the victims, etc., and other various sentencing conditions in the instant case, including the Defendant’s age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, the circumstances before and after the crime, etc., the lower court’s sentence that imposed a fine is too unreasonable and unreasonable, considering the above favorable circumstances, and thus, cannot be deemed unreasonable.

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

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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