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(영문) 서울남부지방법원 2015.07.17 2014노2079
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. The defendant has committed each of the crimes in this case under the condition of mental disability, mental disability, or mental retardation due to a mental disorder, stimulative disorder, or drinking.

B. In light of the circumstances such as the fact that the Defendant was assaulted by the victim E and the Defendant was against the Defendant, the sentence of fine of KRW 3,000,000 imposed by the lower court is too unreasonable.

2. Determination

A. In light of various circumstances such as the Defendant’s statement at the investigative agency and court, the background of the instant crime, and the circumstances before and after the instant crime, acknowledged by the evidence duly adopted and examined by the lower court, the Defendant suffered from galule, etc.

Even if there is a fact of drinking or drinking, it seems that there is a lack of ability to discern things or make decisions due to such symptoms, and thus, the defendant's mental and physical disorder is without merit.

B. In light of the various circumstances, including the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the lower court is appropriate, and it cannot be deemed that it is excessively unreasonable.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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