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(영문) 부산지방법원 2014.12.19 2014노3572
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the event of the instant crime, the Defendant was in a state of mental disability or mental disability under the influence of alcohol.

B. The sentence of one and a half years of imprisonment imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the records on the determination of mental or physical disability or the determination of mental or physical disability, although the defendant was in a drunken state at the time of the instant crime, in light of the background leading up to the instant crime, the means and method of the crime, and the defendant's speech and behavior before and after the instant crime, the defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

or weak conditions may not be deemed to have existed.

Therefore, the defendant's above assertion is without merit.

B. It is recognized that the Defendant’s judgment on the assertion of unfair sentencing is against the Defendant’s recognition of the instant crime, and the instant crime appears to have committed interesting in drinking while checking the victim’s location as the Defendant was unable to repay the money borrowed to the victim for a long time. The degree of damage to the victim is relatively minor, and the victim expressed his intention not to punish the Defendant by mutual consent with the victim in the trial of the lower court. Since 1983, there was no history of criminal punishment for the same crime, and it is economically difficult and economically difficult to support the wife and its children.

However, the crime of this case is deemed to have been inflicted on the victim's head as a dangerous product, the crime of this case is considerably poor, the case is not less severe, and the defendant started to be on the part of the victim, it is difficult to view it as a contingent crime, and there is a history of criminal punishment several times, and in particular, it is even during the period of suspended execution.

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