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(영문) 수원지방법원 2015.08.20 2015노2689

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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

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

2. Determination

A. The Defendant’s assertion of mental disorder cannot be deemed to have had the ability to distinguish things or make decisions due to drinking, in light of the circumstance and method leading to the crime, and the circumstances before and after the crime, etc., even though the Defendant had drinking alcohol at the time of the crime of this case. Thus, the Defendant’s assertion is without merit.

B. The Defendant appears to have committed the instant crime under the influence of alcohol at the time of judgment on the assertion of unfair sentencing, and the fact that the victim C and the lower court agreed to the sole agreement between the victim C and the lower court, and the victims did not want the punishment, and that the Defendant’s mistake is divided and reflected, etc. are favorable to the Defendant.

However, the Defendant committed the instant crime repeatedly during the period of the suspended sentence even though there were many records of having been punished for the same crime due to the same crime, and the instant crime was committed repeatedly during the period of the suspended sentence, and on the grounds that the Defendant was under the influence of alcohol by the victim C while taking advantage of the nearby articles without any particular reason, the crime of this case was committed without discrimination against the aged victim C, which is an object dangerous to the above victim. The crime of this case is not highly appropriate in terms of the nature of the crime, such as walking away from the elderly victim E. Even though the amount of damage suffered by the victims is considerable, the Defendant appears to have escaped for a long time to escape from the criminal punishment, and all other sentencing conditions, such as the Defendant’s age, environment, character and conduct, are considered to be too excessive.