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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2013.09.26 2013노3727
절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant committed the instant crime under the influence of alcohol at the time of the instant crime, without considering the fact that the Defendant committed the instant crime. The lower court erred by misapprehending the legal doctrine on mental and physical disability, thereby adversely affecting the conclusion of the judgment.

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

2. Determination

A. In light of the background, process, means and method of the instant crime as well as the Defendant’s behavior before and after the instant crime, etc., as to the assertion of mental and physical disorder, it cannot be seen that the Defendant was under the influence of alcohol at the time of each of the instant crimes, and thus, the Defendant’s allegation is rejected.

B. In full view of the various circumstances, including the Defendant’s age, character and conduct, environment, and circumstance leading up to the instant argument and the sentencing conditions indicated in the record, the Defendant’s assertion on unfair sentencing is too unreasonable to the extent that the lower court’s punishment should be reversed, and thus, the Defendant’s assertion is not acceptable, on the grounds that the Defendant’s assertion is not acceptable.

3. Accordingly, 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 groundless. It is so decided as per Disposition.

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