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(영문) 부산지방법원 2014.03.21 2014노388
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The instant crime of mental illness was committed under the influence of alcohol by the Defendant under the influence of alcohol in a state where the Defendant lacks the ability to discern things or make decisions.

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

2. According to the record of determination as to the claim of mental disability, the same year from March 7, 2012

7. The facts that the Defendant was hospitalized in G Hospital up to 31. 31. The Defendant was hospitalized, the fact that the Defendant was frequently drinking alcohol at the time of committing the instant crime, and the fact that the Defendant had been drinking alcohol at the time of committing the instant crime. However, in light of various circumstances, such as the circumstances acknowledged by evidence duly admitted and examined by the lower court, and the Defendant’s behavior before and after committing the crime, it is not deemed that the Defendant was in a state of the ability to discern things or make decisions due to alcohol addiction, or lack of ability to discern things or make decisions.

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

3. The instant crime of this case on the assertion of unfair sentencing is acknowledged as follows: (a) the Defendant, on the ground that he was sentenced to suspended sentence of two years and probation orders at the Busan District Court on May 14, 2010, committed the instant crime, despite the fact that the Defendant was sentenced to suspended sentence of two years and probation orders at the Busan District Court on May 14, 201.

However, the defendant seems to have committed the crime of this case by contingency while drinking, the degree of injury of the victim is not serious, the defendant recognizes all the crimes of this case and reflects his mistake, the defendant must support his parents, and others.

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