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(영문) 광주지방법원 2015.03.19 2015노98
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. At the time of the instant crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

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

Judgment

A. According to the records of this case as to mental and physical disability, even though the defendant is found to have served alcohol at the time of the crime of this case, in light of various circumstances, such as the process, method and method of the crime, and the defendant's speech and behavior before and after the crime of this case, it does not seem that the defendant had the ability to discern things or make decisions due to drinking at the time of the crime of this case. Thus, the above assertion by the

B. In light of the following factors: (a) the Defendant’s mistake of unfair sentencing is recognized; (b) the victim’s injury is relatively heavy; (c) the Defendant has been subject to suspension of execution and fines several times for the same kind of crime in the past; and (d) the victim is punished against the Defendant; and (c) other factors, such as the background of the instant crime; (d) circumstances after the instant crime; (e) the Defendant’s age; and (e) various sentencing materials on oral arguments, such as character and character and environment; and (e) the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee (the basic area of habitual injury, repeated injury, and special injury Type 1: 2 to 4 years of imprisonment), etc., the lower court’s punishment is too unreasonable. Therefore, this part of the Defendant’

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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