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(영문) 수원지방법원 2013.08.22 2013노2493
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal was that the defendant was in a state of mental disorder by force at the time of each crime in the judgment of the court below. In addition, the court below's punishment (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the judgment on the assertion of mental and physical disorder, although the defendant was found to have committed a crime under the influence of alcohol at the time of each of the crimes of this case, it is deemed that the defendant had no ability to discern things or make decisions due to alcohol at the time of each of the crimes of this case, in light of the defendant's reputation, the circumstances leading to the crime, the means and method of the crime, and the circumstances after the crime.

Since it seems that there was no or weak state, the above assertion by the defendant is without merit.

B. In the case of the determination on the assertion of unfair sentencing, there are circumstances to take advantage of the Defendant’s punishment, such as: (a) the Defendant’s knife a knife, not an excessive act; and (b) the Defendant’s knife a knife a knife with a deadly weapon; (c) the Defendant’s knife a knife a knife with a deadly weapon; (d) the victim E and G expressed their intent not to have the Defendant punished; and (e) the Defendant’s conviction against each of the instant crimes is highly likely to have the sentence of imprisonment with prison labor for

However, since the statutory punishment for the crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) is sentenced to imprisonment with prison labor for a limited term of at least three years, the court below's sentence which sentenced the least sentence of punishment mitigated is too unreasonable, and therefore, it cannot be deemed that the defendant's above assertion is unreasonable.

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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