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(영문) 서울북부지방법원 2014.01.14 2013노1306
상해
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 disorder or mental retardation.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below, it may be recognized that the defendant was in a state of drinking at the time of the crime of this case. However, since the defendant did not seem to have been in a state of mental disorder or mental disorder due to drinking at the time of the crime of this case, the above argument by the defendant

B. In full view of all the sentencing conditions indicated in the records and arguments of the case of unfair sentencing and the fact that the defendant had a lot of criminal records identical to that of the defendant, the lower court’s punishment is too unreasonable, and thus, the defendant’s above assertion is without merit.

3. Therefore, 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. It is so decided as per Disposition.

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