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(영문) 서울중앙지방법원 2014.04.17 2014노686
철도안전법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time when the defendant was unable to commit a crime that inflicts an injury on the victim due to a mental disorder, the defendant was in the state of mental disorder or mental disorder.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical disorder, it is recognized that the Defendant was aware that at around November 16, 2013, at the time of committing a crime that was protruding the victim D and inflicted bodily injury, and that he was drinking to a certain extent at the time of committing the crime, but in full view of the background, method, content of the crime, the Defendant’s act before and after the crime, etc., it cannot be deemed that the Defendant did not have the ability to discern things or make decisions at the time of committing the crime, and thus, the above assertion cannot be accepted.

B. The crime of violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.) among each of the crimes of this case regarding the assertion of unfair sentencing is stipulated as imprisonment for a limited term of not less than three years, and the lower court already sentenced to a maximum permissible sentence by discretionary mitigation. Thus, the Defendant’s assertion that the sentence imposed by the lower court is excessively unreasonable is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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