(영문) 인천지방법원 2012.12.28 2012노3185 | 리걸엔진

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(영문) 인천지방법원 2012.12.28 2012노3185

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability or mental disability.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s imprisonment (eight months of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. According to the records of mental and physical disorder, although the defendant is deemed to have served alcohol at the time of committing the crime of this case, it cannot be seen that the defendant lost or weak ability to discern things or make decisions. Thus, the defendant's mental and physical disorder argument is rejected.

B. In light of the following: (a) an unreasonable sentencing sentence; (b) the Defendant was under the influence of alcohol, and (c) the Defendant was under the influence of alcohol, thereby putting a beer and beerer’s disease on the ground that the Defendant was frightening himself and her, and harming the victim; (b) the Defendant was not well aware of the nature of the offense; (c) the Defendant again committed the instant crime without being aware of it during the period of repeated crime; and (d) the Defendant had a high possibility of being subject to punishment for multiple same criminal acts, such as having committed violence under the influence of alcohol and having been punished as a sentence of punishment; (d) the Defendant did not agree with the victim until the trial; and (e) did not make efforts to recover from damage.

However, in full view of the following factors: ① the Defendant committed the instant crime under the influence of alcohol; ② the Defendant recognized all the instant crimes and reflects his fault in depth; ③ the Defendant was the physically handicapped; and ③ the Defendant’s age, character, family environment, and circumstances before and after the commission of the crime.

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