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(영문) 서울남부지방법원 2013.11.01 2013노1315
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of this case with mental disorder was committed under the state of mental disorder or mental disability under the influence of alcohol by the defendant.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court as to the assertion of mental and physical disorder, in light of various circumstances, such as the fact that the Defendant had drinking alcohol at the time of the instant crime, but the Defendant’s behavior before and after the instant crime was found and the Defendant testified in the process of crime, the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

Since it cannot be seen that it has reached a state or weak, this part of the defendant's assertion is without merit.

B. In full view of the following circumstances: (a) the Defendant’s history of having been punished as a single criminal act; (b) the Defendant did not make any effort to recover from damage; and (c) the background, means and methods of the instant crime; (d) the circumstances after the instant crime; and (e) the Defendant’s age and happiness environment; and (e) the various circumstances, which are the conditions for sentencing under Article 51 of the Criminal Act as indicated in the instant records and arguments, are too vague and unreasonable.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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