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(영문) 의정부지방법원 2013.03.28 2013노452
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder due to drinking at the time of the instant crime.

B. The sentence of unfair sentencing (two years of imprisonment, confiscation) by the lower court is too unreasonable.

2. Determination:

A. As to the claim of mental disability, the defendant alleged that he had reached the crime of this case under the lack of the ability to discern things or make decisions due to a drunken relation. However, in light of the details and detailed methods of each crime of this case, the defendant's speech and attitude before and after the crime of this case, it does not seem that the defendant had a state of loss or lack of the ability to distinguish things or make decisions due to drinking alcohol at the time of the crime of this case, and there is insufficient data to acknowledge the defendant's assertion. Thus, this part of the defendant's assertion is without merit

B. Although there are circumstances regarding the assertion of unfair sentencing, such as the fact that the defendant's health is not good in the current administration of the defendant, and that the defendant has caused the crime of this case by contingency, such circumstance seems to have been sufficiently reflected in the original judgment through discretionary mitigation. The crime of this case is a crime which may have a large-scale damage, and the nature of the crime of this case is not good, and the defendant has already been punished several times of criminal punishment but has not improved its character and behavior; the defendant has not recovered or agreed to recover from damage to the victim; and the defendant's age, character and conduct, method of crime, circumstances after the crime, etc., in light of all the sentencing conditions indicated in the records of this case, it cannot be deemed that the sentence of the original court against the defendant is too unreasonable.

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

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