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(영문) 서울북부지방법원 2017.06.30 2017노796
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental and physical loss or mental weakness by drinking alcohol.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. It is recognized that the Defendant was in a state of drinking alcohol at the time of each of the instant crimes.

However, in light of the background leading up to the instant crime, the means and methods of the instant crime, and the circumstances before and after the instant crime, the Defendant had no or weak ability to discern things or make decisions at the time of the instant crime.

shall not be deemed to exist.

The defendant's mental disorder is not accepted.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

In light of the facts alleged by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unfair, even if all of the circumstances alleged by the Defendant are considered as grounds of appeal.

We do not accept the defendant's unfair argument of sentencing.

3. In conclusion, 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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