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(영문) 인천지방법원 2012.11.23 2012노2860
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal of this case was in the state of mental disability at the time of the crime of this case, and in light of the various sentencing conditions of this case, the court below's imprisonment (one year and six months) against the defendant is too unreasonable.

2. Determination

A. According to the record on the issue of mental and physical disability, the defendant is deemed to have no ability to discern things or make decisions under the influence of alcohol at the time of the crime, taking into account the following: (a) although he/she is found to have a certain degree of alcohol at the time of the crime in violation of the Punishment of Violences, etc. Act (a collective, deadly weapon, etc.), the defendant has no ability to discern things or make decisions under the influence of alcohol at the time of the crime; (b) the means and methods of the crime; (c) the defendant's act before and after the crime was committed; (d) the defendant's investigative agency and the court of the original instance; and (e) the degree of memory for the crime; and (e) the defendant has no ability to discern things or make decisions under the influence of alcohol.

It does not seem that there was or was a weak state.

B. As to the decision on the issue of unfair sentencing, the Defendant recognized both the instant crime and against his mistake. Of the instant crime, the violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) among the instant crime appears to have been committed by the Defendant after attending the alumni conference to dispute with the said victim. The violation of the Act on the Control of Narcotics, etc. (abstinence) continues to deny the initial process of acquisition, and cooperates with the investigation by informing the hemp supplier to the investigation agency after the prosecution, in light of the fact that there are some circumstances such as the process of the crime or the circumstances after the crime, the victim agreed with the victim, and the victim expressed his intention not to punish the Defendant, and there is a mother to support the Defendant.

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