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(영문) 수원지방법원 2015.09.23 2015노3499

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. When committing the instant crime, the Defendant was in a state of mental or physical disability, or mental or physical disability, due to the symptoms and alcohol of the exchange, exchange, and drinking.

B. The sentence of unfair sentencing (three years of imprisonment) by the lower court is too unreasonable.

2. Determination

A. The following facts acknowledged by the court below's duly adopted and investigated by the judgment of mental or physical disability, namely, ① the crime of this case was committed by threatening the victim with a knife, which is a dangerous and dangerous article, and causing bodily injury to the victim in knife. The defendant had been punished by imprisonment with prison labor for attempted murder even before the crime of this case was committed by the defendant. The defendant stated that he was guilty of the crime of this case in order for the defendant to go back to prison by drinking alcohol as knife with a large amount of drinking after release. ② The defendant did not submit objective data on the defendant's illness, treatment details, and taking drug status before and after the crime of this case; ③ The defendant did not have any other means and methods of the crime of this case after the discharge of his previous knife with the intention of the defendant, methods and conditions before and after the crime of this case; and ③ the defendant did not change his ability to do so at the time of the crime of this case.

It does not seem to be in a state or weak.

Therefore, this part of the defendant's argument is without merit.

B. Even when considering the fact that the defendant's decision on the assertion of unfair sentencing is based on the time of and against the crime, and the degree of injury suffered by the victim F is relatively small, the crime of this case is committed by the defendant.