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(영문) 의정부지방법원 2019.03.28 2018노3057
특수폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant committed a crime in a state of mental disorder or mental disorder, punishment shall be mitigated or exempted.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. Whether the Defendant was mentally or physically handicapped (negative), and the fact that the Defendant received several medical treatments with alcohol content in the past, and the fact that the Defendant was under the influence of alcohol at the time of committing the instant crime is recognized, but it cannot be determined that there was a defect in the Defendant’s risk of property change or decision making ability.

Therefore, the defendant's assertion on exemption from employment is rejected.

B. Whether the sentence is in progress (negative) (1) The lower court determined the sentence by comprehensively taking into account the following circumstances and the matters stipulated in Article 51 of the Criminal Act. A person under way: (a) the nature of the crime is not good in light of the applicable law of the instant crime and the relationship with the victim; (b) the mitigated person, who is a crime during the period of suspension of execution due to the same kind of crime against the same victim, is recognized as a substitute for the crime: (c) the reasons for the unfair sentencing alleged by the Defendant are already considered as having already been determined by the lower court; and (d) the reasons for the unfair sentencing alleged by the Defendant are reasonable within the scope of discretion.

In addition, there is no reason to judge that the sentencing conditions have changed in the trial.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

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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