(영문) 인천지방법원 2013.10.18 2013노2321 | 리걸엔진

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(영문) 인천지방법원 2013.10.18 2013노2321

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal was in a state of mental and physical disability due to alcohol dependence and depression at the time of the instant crime, and the punishment sentenced by the lower court against the Defendant (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined in the lower court’s judgment as to the claim of mental disability, the Defendant is deemed to have been diagnosed due to alcohol dependence disorder, depression disorder, etc., but in light of the background and method of the instant crime, the method and method of the crime, the Defendant’s act before and after the instant crime, etc., it cannot be deemed that the Defendant did not have reached a state where the right to distinguish things or make decisions due to alcohol dependence disorder, depression disorder, etc., and thus, the Defendant’s allegation in this part is without merit.

B. The instant crime on the assertion of unfair sentencing is a threat of the victim’s food knife, without any particular reason, and the nature of the crime is not good, and the Defendant has the record of criminal punishment over 15 times in addition to the punishment imposed as a fine by force 14 times more than 14 times. In particular, the Defendant committed the instant crime without being aware of it even during the period of repeated offense, and is disadvantageous to the Defendant, such as: (a) the Defendant’s confessions and commits the instant crime; (b) health conditions are not good; and (c) other favorable circumstances, such as the victim’s age, character and behavior, environment, relationship with the victim, the circumstance and consequence of the instant crime; and (d) all the sentencing conditions specified in the records and arguments of the instant case, including the circumstances after the crime, etc., are considered to be inappropriate. Therefore, the above argument of unfair sentencing is reasonable.

3. Accordingly, the defendant's appeal is justified, and the judgment of the court below is reversed and it is so decided as follows.

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