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(영문) 청주지방법원 2013.09.05 2013노556
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant, under the influence of alcohol, was in a state that the Defendant lacks the ability to discern things or make decisions.

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

2. Determination as to the defendant's mental disability claim

A. In light of the amount of drinking by the defendant, the amount of ordinary drinking by the defendant, the contents and attitude of the defendant's investigative agency and court at the time of committing the crime as stated in paragraph (1) of the criminal facts stated in the judgment of the court below, which are acknowledged by the evidence duly adopted and examined by the court below as to the crime of violation of the Punishment of Violences, etc. Act (injury by Group, Deadly Weapons, etc.) in the judgment of the court below, the circumstance and method of the crime of this case, and the defendant's behavior after committing the crime of this case, etc., the defendant is judged to have weak ability or decision-making ability to temporarily change things due to large quantity of alcohol

B. According to the evidence duly admitted and examined by the court below as to the crime of assault as stated in the judgment below, it is acknowledged that the defendant had a little drinking prior to the crime as stated in Paragraph (2) of the crime in the judgment below, but specifically stated the defendant's usual drinking amount, the circumstances and methods of the above crime, the act of the defendant before and after the crime, the circumstances after the crime, the defendant's investigative agency and the court, and the reason between the defendant's investigative agency and the place of the crime.

In light of the above, it is not recognized that the defendant was in a state where the ability to discern things or make decisions was weak, so this part of the defendant's assertion of mental disability is without merit.

3. Accordingly, the defendant's appeal is reasonable in terms of mental and physical disability as to the crime stated in Paragraph 1 of the facts constituting the crime in the judgment below. Thus, the defendant's appeal is unreasonable.

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