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(영문) 부산지방법원 2014.01.23 2013노1446
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant (i) The Defendant was mentally ill at the time of each of the instant crimes, and was in a state of mental disability.

Dob. The sentence of unfair sentencing (two months of imprisonment, confiscation) of the lower court is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the court below as to the defendant's mental suffering claim, the defendant is deemed to have committed each of the crimes in this case during the period of outpatient treatment due to mental illness, but in light of various circumstances such as the background and degree of each of the crimes in this case, the defendant's behavior before and after the crime in this case, it cannot be deemed that the defendant lacks the ability to discern things or make decisions at the time of the crime in this case, and the above argument

B. In light of the fact that the Defendant had been punished twice due to larceny, etc. even before each of the instant crimes, even before each of the instant crimes, the Defendant committed each of the instant crimes during the period of suspension of execution, the Defendant’s scambling at an unspecified number of individuals is not very good in light of the risk of such acts, etc., and there is no other circumstance that the damage from each of the instant crimes has yet to be recovered, and there is no other agreement with the victims, etc., it is inevitable to pronounce a severe sentence against the Defendant.

However, it seems that the defendant had suffered a considerable period of suffering from mental illness, and that the defendant has yet to be aged, and that the defendant was unable to commit each of the crimes of this case while receiving hospital treatment for the treatment of mental illness, the defendant was immediately hospitalized the defendant in a mental hospital to prevent the risk of recidivism, and the defendant's attachment was a big accident around 2011.

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