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(영문) 서울북부지방법원 2014.02.07 2013노1390
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of alcohol, the Defendant committed the instant crime in a state that the Defendant lacks the ability to discern things or make decisions.

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

2. Determination

A. According to the judgment of mental and physical disability, the records show that the defendant is aware of drinking alcohol at the time of the crime of this case, but the defendant lacks the ability to discern things or make decisions. Thus, the above assertion by the defendant is without merit.

B. We examine the argument of unfair sentencing, and even though the defendant is against the confession of the crime of this case, the crime of this case is deemed to have been injured by the victim by making the head of 500c bec bet, which is an object to be dangerous to the defendant, and the nature of the crime is heavy, the degree of injury is deemed not to be mitigated, and the victim did not reach an agreement or recover from damage. The punishment sentenced by the court below is the lowest sentence to be mitigated by discretionary mitigation, taking into account the circumstances leading to the crime of this case, etc. in light of the statutory punishment prescribed by the crime of this case, and other various circumstances, such as the defendant's age, character and conduct, motive or circumstance of the crime, the environment, the means and consequence, the circumstances after the crime, etc., the defendant's above assertion cannot be deemed to have been unfair since it is too too too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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