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(영문) 서울남부지방법원 2014.07.17 2014노615

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental disorder was in a state of weak ability to discern things or make decisions through drinking alcohol at the time of committing the instant crime, but the lower court’s failure to recognize the Defendant’s mental disorder is unlawful.

B. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the lower court regarding the assertion of mental disorder, it is recognized that the Defendant had a drinking condition at the time of the instant crime, but in light of various circumstances, such as the background, process, means and method of the instant crime, and the Defendant’s speech and behavior before and after the instant crime, it does not seem that the Defendant had a weak ability to discern things or make decisions due to drinking.

B. In light of the fact that the Defendant had a record of punishment several times as violent crimes, the victim D found a man with a knife for additional crimes, and the victim E with a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.