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(영문) 춘천지방법원 2015.02.11 2014노729
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant cannot be deemed to have suffered a weak state in which he/she had the ability to discern things or make decisions at the time of each of the crimes in this case, it is unreasonable for the court below to reduce the amount of mental disability to the defendant.

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too weak or unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the court below as to the unjust assertion of reduction of mental and physical disability, it is recognized that the defendant committed each of the crimes in this case under the influence of alcohol. In light of the circumstances leading to each of the crimes in this case, the method of the crime, and the circumstances after the crime, etc., the defendant at the time of each of the crimes in this case appears to have weak ability or ability to decide the ability to discern things. Thus, the judgment of the court below that reduced mental and physical disability is just, and the prosecutor's allegation in this part is

B. In light of the favorable circumstances, such as the fact that the defendant recognized his mistake and reflects on the assertion of unfair sentencing, the defendant appears to have committed each of the crimes of this case in a state of mental disorder caused by the primary exploitation, and the degree of damage therefrom is relatively minor, the defendant has reached a unanimous agreement with the victim, and the crime of this case is not easy in light of the type of crime, etc., and the crime of this case has the record of punishment for the same kind of crime, and the defendant has the record of committing each of the crimes of this case without being aware of it during the period of repeated offense, and other unfavorable circumstances, such as the situation after the crime, the defendant's age, character and conduct, and environment, and other various sentencing conditions indicated in the record, it is unfair that the sentence imposed by the court below is too heavy or uneasible.

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