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(영문) 춘천지방법원 강릉지원 2018.05.31 2018노95
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of each of the instant crimes, was unable to properly discern things due to symptoms, such as depression, depression, high blood pressure, yellow pressure, and pulse disorder, etc.

Therefore, each of the crimes of this case committed by the defendant with mental disorder, but the court below did not consider such circumstance, which erred by misunderstanding of facts or misunderstanding of legal principles.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the materials submitted by the Defendant to the lower court for determination of misunderstanding of the facts or misapprehension of the legal doctrine, the Defendant is deemed to have taken advantage of the fact by having been prescribed by the spirit and medicine due to symptoms, such as depression, but in full view of the circumstances leading up to each of the instant crimes, means and methods, details of the crime, the Defendant’s act before and after the crime, etc., it is not deemed that the Defendant did not have a weak ability or decision-making ability to discern things due to mental disorder at the time of

Therefore, we cannot accept the Defendant’s mistake of facts or misapprehension of legal principles.

B. The Defendant recognized one’s own crime and reflects his fault in depth with respect to the determination of the wrongful argument of sentencing.

However, the Defendant did not know even during the period of repeated crime for the same crime, and again committed each of the crimes of this case.

Furthermore, the Defendant did not reach an agreement with the victims.

In full view of the circumstances in which the same kind of crime is repeated within a short period of time, the situation in which victims are expected to suffer a large mental suffering due to each of the crimes of this case, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age, sex, environment, and circumstances before and after the crime, the sentence of the court below against the defendant is too unreasonable.

3. Thus, the defendant's appeal is correct.

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