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(영문) 인천지방법원 2019.09.06 2019노109
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability due to mental illness, such as depression and decentralization disorder at the time of the instant crime.

B. The court below's sentence of unfair sentencing (the fine of 500,000 won) imposed on the defendant is too unreasonable.

2. Determination

A. As to the claim of mental disability as stipulated in Article 10 of the Criminal Act, it is necessary to say that the mental disorder as stipulated in Article 10 of the Criminal Act is a biological element and has a mental disorder such as mental disorder or abnormal mental condition, and as a psychological element, it is necessary to determine whether the mental disorder lacks or reduces the ability to discern things and to control the act accordingly. Thus, even though a person with mental disorder is a person with normal mental disorder at the time of committing the crime, if he/she had the ability to distinguish things or control the act, he/she cannot be deemed a mental disorder (see, e.g., Supreme Court Decision 2006Do7900, Feb. 8, 2007). In light of the background and means of the crime in this case, the behavior and method of the defendant before and after the crime, the statement of the victim, and the video of the crime taken by a witness, it

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

B. There is no change in circumstances that may consider the sentencing after the judgment of the court below regarding the assertion of unfair sentencing, and considering the various sentencing conditions in the records and arguments of this case, even if the circumstances alleged by the defendant as the grounds for appeal are considered, the sentence of the court below is too unreasonable.

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

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

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