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(영문) 서울북부지방법원 2018.11.22 2018노1764
특수폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower judgment erred by misapprehending the legal doctrine on the state of mental disorder under the influence of alcohol at the time of committing the instant crime.

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

2. Determination

A. According to the record as to the assertion of mental disorder, the Defendant appears to drink at the time of the instant crime.

However, in light of the means and methods of the instant crime, the circumstances after the crime, etc., the Defendant had no or weak ability to discern things or make decisions under the influence of alcohol at the time of the crime.

It does not seem that it does not appear.

Therefore, the defendant's mental disorder is without merit.

B. As to the wrongful argument of sentencing, the Defendant recognized the instant crime and reflected, and agreed with D, etc. are likely to have determined the sentence in consideration of the circumstances favorable to the Defendant or the lower court.

There is no special change in circumstances to be considered additionally in the trial.

In addition, comprehensively taking into account the circumstances leading to the instant crime, the Defendant’s age, sexual conduct, environment, and power, the sentence of the lower court is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

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

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