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(영문) 춘천지방법원 2015.11.18 2015노811
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical disability or mental health disorder.

B. The sentence of unfair sentencing (ten months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. In full view of the following: (a) acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mental and physical disorder; (b) comprehensively taking account of the background leading up to the instant crime; (c) the means and method of the crime; (d) the Defendant’s act before and after the crime; and (e) the circumstances after the crime, even though the Defendant was found to have a drinking condition, he was unable

Since it seems that the defendant was in a state or weak condition, the above assertion by the defendant is rejected.

B. In light of the fact that the Defendant committed the instant crime without being able to commit a repeated crime due to the same crime and committed the instant crime without being able to commit a repeated crime, the Defendant had the power to commit the instant crime, including the criminal records due to the same crime, and other various sentencing conditions indicated in the record, including the motive and background leading the instant crime, the circumstances after the instant crime, and the Defendant’s age, character and conduct, etc., the Defendant was agreed with the victim C and H, and even considering the fact that the Defendant deposited the sum of KRW 70,000 in the lower court and the lower court in the future of the patrolman F, the Defendant’s above assertion is unreasonable, and therefore, 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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