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(영문) 수원지방법원 2014.05.22 2014노1496
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the legal principles as to mental and physical disorder, which affected the conclusion of the judgment, since the court below erred by misapprehending the legal principles as to mental and physical disorder, inasmuch as the defendant suffered from mental illness such as alcohol use dependence, etc. at the time of the crime of this case, even though he was unable or weak 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.

2. Determination

A. In light of the background, process, means, and method of the instant crime, the Defendant’s act before and after the instant crime was committed, etc., which were revealed by the lower court’s duly adopted and examined evidence, the Defendant was treated by alcohol use dependence, etc., and it cannot be deemed that the Defendant was aware of the fact at the time of the instant crime, but the Defendant did not have the ability to discern things or make decisions, and thus, the Defendant’s above assertion cannot be accepted.

B. In full view of various circumstances, including the fact that the Defendant’s judgment on the assertion of unfair sentencing is against the Defendant, and the victim does not want the Defendant’s punishment; however, the Defendant’s face is broken up, and the Defendant commits the instant crime at once again during the period of repeated offense due to the same kind of crime, and the Defendant’s sentence imposed on the Defendant is mitigated by discretionary mitigation, and thus, the Defendant’s punishment is the minimum sentence of statutory punishment (not less than three years), and it appears that the lower court’s punishment is appropriate, as it appears that the Defendant’s above assertion is rejected.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition.

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