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(영문) 서울중앙지방법원 2015.03.27 2014노5002
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant suffered from a mental disease at the time of stopping the instant crime, and the Defendant was in a state of mental suffering.

B. The lower court’s sentence is too unreasonable because of its excessive sentencing.

2. Determination

A. In full view of the following: (a) the means and method of the instant crime, the Defendant’s attitude and behavior before and after the instant crime, the circumstances after the instant crime, and in particular, the Defendant made a statement by relatively detailed memory of the situation before and after the instant crime; (b) it is recognized that the Defendant was suffering from a certain mental disease at the time of the instant crime, but there was no ability to discern things or make decisions therefrom.

It does not seem to have reached a state of or weakness.

Therefore, Defendant’s assertion is without merit.

B. The Defendant appears to have committed the instant crime on an contingent basis. The Defendant appears to have committed the instant crime.

However, the defendant has already been punished several times due to the same crime, and in particular, even though he was in the period of repeated crime, he committed the crime of this case more than five days after the release even though he was in the period of repeated crime.

In addition, in full view of the motive, means and result of the instant crime, the Defendant’s age, character and conduct, environment, health status, criminal records, and circumstances after the commission of the crime, the lower court’s punishment is too unreasonable as it is too unreasonable.

Therefore, Defendant’s assertion is without merit.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit

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