(영문) 의정부지방법원 2013.08.29 2013노1395

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(영문) 의정부지방법원 2013.08.29 2013노1395

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Seized car kacks (No. 1) shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) The Defendant was in a state of mental disorder due to drinking at the time of the instant crime.

(2) The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unfortunate and unreasonable.

2. Determination:

A. As to the Defendant’s assertion of mental disorder, the Defendant alleged that his mental disorder had reached the instant crime under the lack of the ability to discern things or make decisions due to the influence of alcohol. However, in light of the details and detailed methods of each of the instant crimes, the Defendant’s speech and attitude before and after the instant crime, etc., it does not appear that the Defendant did not have had the ability to discern things or make decisions due to drinking alcohol at the time of the instant crime, and there is insufficient data to acknowledge the Defendant’s assertion. Accordingly, this part of the Defendant’s assertion is without merit.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, there are favorable circumstances for the Defendant, such as that the instant crime was committed contingently, that the Defendant is aged, that the Defendant lives without any criminal power for the last thirty years, and that the Defendant is breaking his mistake in depth.

However, taking into account the circumstances unfavorable to the defendant, such as the fact that the victim was made clear of the loss of the victim's life due to the criminal act in this case, the act of knifeing the face and trees of the victim is very dangerous, and the nature of the crime is bad, and the degree of damage to the victim was very serious, the defendant did not make any effort to recover damage to the victim, and the defendant did not reach an agreement with the victim, and taking into account other factors leading to the crime, and taking into account all the sentencing conditions in the records of this case, such as the background leading up to the crime, the age of the defendant, character and behavior, the method of committing the crime,

유사 판례

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