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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구지방법원 2013.11.28 2013노1806
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant was in a state of mental disability under the influence of alcohol at the time of each of the crimes in this case, the judgment below which did not reduce the punishment is erroneous in the misapprehension of legal principles as to mental disability, which affected the conclusion of the judgment.

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

2. Determination

A. According to the evidence duly adopted and examined by the court below, the court below's decision on the claim of mental disability is justified in holding that "the defendant is found to have been under some influence at the time of the crime of this case, but it cannot be said that the defendant had no or weak ability to discern things or make decisions due to this," on the grounds stated in the "judgment on the defendant's and his defense counsel's assertion".

This part of the defendant's assertion is without merit.

B. The Defendant appears to have served in good faith, such as receiving official commendation, while serving as a public official belonging to the NutritionA, and the victim agreed with the victim and the victim wanted the Defendant to take the Defendant’s prior action; the Defendant’s will, including nutrition head, wanting to take the Defendant’s prior action against the Defendant; and the Defendant has no record of criminal punishment, etc. should be considered in favor of the Defendant.

However, even though the Defendant was in a position of a public official who should be a model of local community, the Defendant is disadvantageous to the Defendant, such as that he/she committed a dangerous act that leads to the head of his/her superior due to beer disease beyond the simple time in the drinking place, and that he/she seems to have no particular circumstance to consider the circumstances where he/she committed such crime.

As seen earlier, the defendant's defense counsel has long run.

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