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(영문) 서울남부지방법원 2013.06.20 2013노713
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the Defendant’s grounds for appeal is as follows: First, the Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime; second, the penalty of the lower judgment (fine 1,000,000) is too unreasonable.

2. On the grounds of appeal, according to the health and records, the defendant is deemed to have been under the influence of alcohol at the time of committing the crime of this case, but the defendant did not have the ability or decision-making ability to discern things, considering the contents and attitude stated by the police immediately after the crime of this case.

Since it is not recognized that the defendant was in a state or weak condition, the defendant's assertion of mental disorder is without merit.

Next, regarding the assertion on unfair sentencing, the Defendant requested the victim who wanted to leave the cell phone store of this case to request a coffee, and there is no reason to obtain the victim’s desire and assault the victim as he refused to request it, and there is no agreement with the victim, and the Defendant did not reach an agreement with the victim. The Defendant has a majority of criminal records. In particular, considering various sentencing conditions as indicated in the argument of this case, such as the method of the crime of this case, background of the crime, circumstances after the crime, the Defendant’s age, character and conduct, family relation, etc., the punishment of the lower court is without merit, and thus, the Defendant’s assertion on unfair sentencing is not reasonable.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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