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(영문) 서울고등법원 (춘천) 2015.02.04 2014노247
준강도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime.

B. The sentence of an unreasonable sentencing (one year and six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. According to the records on the determination of mental and physical disability, the defendant may recognize that he/she had a significant drinking at the time of committing the crime. However, in light of the circumstances indicated in the records, such as the background of the crime and the conduct before and after the crime, it cannot be deemed that the defendant has committed a state where he/she lacks the ability to discern things and make decisions.

B. Although the Defendant appears to have an attitude against the argument of unfair sentencing, considering the following day after the end of the sentence of a repeated crime and the end of the sentence, the Defendant did not make any particular effort to recover damage, and other various circumstances that are conditions for sentencing as indicated in the record, such as age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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