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(영문) 수원지방법원 2014.04.10 2013노6115
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) The Defendant was in a state of mental disorder or mental disability due to alcohol dependence at the time of each of the instant crimes.

(2) The lower court’s sentence of unreasonable sentencing (two years of imprisonment and confiscation) is too unreasonable.

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

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the defendant's mental retardation or mental retardation, the defendant is recognized as having received medical treatment with alcohol dependence at the time of each of the crimes in this case. Meanwhile, in light of the following circumstances acknowledged by the above evidence, namely, the circumstance leading to each of the crimes in this case, the method of the crime, and the defendant's specific behavior attitude before and after the crime, the defendant did not have the ability to discern things or make decisions due to alcohol dependence at the time of each of the crimes in this case.

Since it cannot be seen that the defendant was in a state or weak condition, the defendant's mental and physical disorder or mental disability claim is without merit.

B. In light of the favorable circumstances, such as the Defendant’s confession of each of the instant crimes and the recognition of his mistake, the agreement with some victims, the Defendant appears to have been trying to overcome his alcohol dependence, the Defendant committed the instant assault and threat while carrying dangerous objects several times, and the Defendant committed the instant traffic accident while driving a vehicle in a deceptive state, the Defendant had the same kind of criminal record and again committed each of the instant crimes, and other unfavorable circumstances on the records and arguments, including the Defendant’s age, character and behavior, environment, background, means and consequence of the instant crimes, and the circumstances before and after the commission of each of the instant crimes, etc., the lower court’s punishment is deemed appropriate and too heavy or too heavy.

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