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(영문) 광주지방법원 2014.07.23 2013노2621
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

B. The lower court’s sentence of unfair sentencing (two years of suspension of execution in October, and 19 of confiscation No. 1) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental disorder, even though the defendant was found to have a drinking condition at the time of the crime of this case, in light of the following circumstances, such as the course and process of the crime of this case, means and method, and the defendant's speech and behavior before and after the crime, the defendant did not have the ability to discern things or make decisions due to drinking.

Therefore, this part of the defendant's assertion is without merit.

B. The favorable circumstance is that the defendant's wrong determination on the assertion of unfair sentencing is recognized, and there is no criminal conviction in the same kind and no criminal conviction exceeding the fine.

On the other hand, the crime of this case is committed by threatening a victim who had carried dangerous knife with himself and had living together with him, and the nature of the crime is not good, and it is not agreed with the victim. In addition, comprehensively taking account of the circumstances of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, and environment, etc., the court below's punishment is too unreasonable. Thus, the defendant's assertion is without merit.

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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