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(영문) 수원지방법원 2013.09.26 2013노2403
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The Defendant alleged mental disorder was under the influence of alcohol at the time of each of the instant crimes, and was in a state of mental disorder or mental disability.

The lower court’s imprisonment (eight months of imprisonment) against the Defendant claiming unfair sentencing is too unreasonable.

Judgment

Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant was deemed to have a drinking alcohol at the time of each crime of this case, but on the other hand, in light of all circumstances such as the process and method of crime, the defendant's specific behavior attitude before and after the crime, the court below did not have the ability to discern things or make decisions due to drinking at the time of the crime.

Since it seems that the defendant's mental and physical disability cannot be seen as being or weak, we cannot accept the defendant's argument.

Although the Defendant’s judgment on the assertion of unfair sentencing is divided into a mistake, and the victims’ damage is not serious, the Defendant has a number of criminal records of the same kind, and in particular, on December 2, 2011, the Seoul Northern District Court sentenced two years to a suspended sentence of imprisonment on August 10, 201 due to the crime of forging private signature, etc. and sentenced on December 10, 201, which became final and conclusive on December 10, 201, committed each of the instant crimes, which was not agreed upon with the victims, and all of the conditions of the instant records and arguments, including the Defendant’s age, character and behavior, environment, criminal background, and circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed to be heavy.

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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