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(영문) 서울서부지방법원 2020.02.06 2019노1622
상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 was under the influence of alcohol at the time of committing the instant crime, and was in the state of mental disorder or mental and physical disability. 2) The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s mental and physical assertion, it appears that the Defendant was drinking at the time of each of the instant crimes, but considering the Defendant’s behavior before and after each of the instant crimes, the details and attitude of the Defendant’s statement to the investigation agency, and the degree of memory of the crime, etc., it does not seem that the Defendant did not have reached the state of mental and physical disorder or mental disorder at the time of

Therefore, the defendant's above assertion is not accepted.

B. It is reasonable to respect both parties’ assertion of unfair sentencing in cases where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the following factors: (a) there is no change in the conditions of sentencing compared to the original judgment because a new sentencing data is not submitted in the trial; (b) there is no change in the conditions of sentencing compared to the lower judgment; (c) the victim of the crime of injury; (d) the crime committed during the period of repeated offense; and (e) the Defendant’s criminal record, the sentence imposed by

Therefore, both parties' assertion of unfair sentencing is without merit.

3. The appeal filed by the defendant and the prosecutor in conclusion are all without merit, and they are dismissed under Article 364(4) of the Criminal Procedure Act.

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