(영문) 전주지방법원 2014.11.07 2014노821 | 리걸엔진

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(영문) 전주지방법원 2014.11.07 2014노821

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The appellate brief, in which the defendant submitted directly by the defendant of mental disorder, states that the crime of this case was committed in the mental disorder or the state of mental disorder (the state of mental disorder or the state of mental disorder), but the court below held that the defendant had already been in a state of mental disorder due to drinking, and held that the defendant had already been in a state of mental disorder due to drinking,

The Defendant was in an insane condition at the time of committing the instant crime.

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, the fact that the Defendant was in the state of drinking at the time of the instant crime is recognized, and that the Defendant suffered from a recurrence of friendly disorder, a yellow disorder, etc. from around 201.

Furthermore, in full view of the content and circumstances of the instant crime, the means and method of the instant crime, and the circumstances after the instant crime, it is deemed that the Defendant had a weak ability to discern things or make decisions due to taking place at the time of the instant crime, but it does not seem that the Defendant did not have such ability, and it does not seem that the Defendant had such capacity due to the instant disease, and therefore, the Defendant’s assertion of the defect in mind is without merit.

B. As to the assertion of unfair sentencing, the fact that the defendant committed the crime of this case in a state of mental disorder, the recognition of the crime of this case and reflects it, the agreement with the victim, the defendant's health condition and economic status are not good, and there are family members to support, and the decision of the court below that sentenced the defendant to imprisonment is final and conclusive, the fact that the suspension of the execution of the first head of the crime of this case of this case of this case of this case of this case of this case

However, the crime of this case is committed.

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