beta
(영문) 부산지방법원 2015.01.22 2014노4456

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental suffering suffering from a mental disorder, too much.

B. The lower court’s imprisonment (one year and six months of imprisonment) on the grounds of unreasonable sentencing is too unreasonable.

2. Determination

A. A. The defendant's assertion of mental disability is deemed to have been drinking at the time of the crime of this case, but it does not seem that the defendant lacks the ability to discern things or make decisions. Thus, the defendant's assertion of mental disability is not accepted.

B. The Defendant’s assertion of unfair sentencing is against the Defendant’s mistake in depth, agreed with the victim significantly, and the degree of injury is minor.

However, in light of the method of crime, motive, etc., the nature of the crime is not very good. On the other hand, in January and June of the lower court, taking into account the most favorable circumstances as seen earlier, the Defendant’s age, character and conduct, and environment, and other various circumstances that are the conditions for sentencing specified in the instant case, it cannot be deemed that the sentence imposed by the lower court is too heavy.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal can not be seen as a part of the mother or there is no reason to do so