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(영문) 수원지방법원 2014.10.02 2014노4396
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

One kitchen, which has been seized, shall be located in the district public prosecutor's office.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder under the influence of alcohol at the time of committing a crime in violation of the Punishment of Violences, etc. Act.

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant is deemed to have been under the influence of alcohol at the time of committing a crime in violation of the Punishment of Violences, etc. Act, but in light of the background, means and method of the crime recognized by the record, and all the circumstances after the crime, etc., the defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of

Until it seems to have existed or weak conditions, in light of the fact that the defendant takes a bath to a family member and uses violence against his spouse from time to time when the defendant withdraws from alcohol (section 31 of the Investigation Record), even if the defendant is unable to control the impulse of alcohol at that time.

Even if the defendant predicted the risk of danger and self-determination, it can not be exempted or mitigated from punishment due to mental and physical disorder.

Therefore, this part of the defendant's argument is without merit (Article 10 (3) of the Criminal Act).

B. The instant crime of this case on the assertion of unfair sentencing committed by the Defendant on April 14, 2014, where the Defendant had been issued an order to prohibit access to the victim C’s residence due to the Defendant’s crime committed on February 22, 2014, the Defendant committed an offense of violating the Punishment of Violences, etc. Act by approaching the said residence on April 14, 2014; the Defendant appears to have caused serious fears by the instant crime; and the Defendant appears to have caused serious fears by the Defendant’s crime of this case; and the Defendant in 207 and 2010 each.

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