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(영문) 광주지방법원 2015.04.28 2015노380
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. When committing the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disability.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

Judgment

A. According to the records on the determination of mental and physical disability, it is not deemed that the Defendant had weak ability to discern things or make decisions due to drinking at the time of the instant crime in light of various circumstances, such as the background leading up to the instant crime, the means and method of the crime, and the Defendant’s act before and after the instant crime.

Therefore, the defendant's argument of mental disability is without merit.

B. In light of the following: (a) the Defendant’s agreement with the victims of each of the instant crimes or did not recover damage to the victim; (b) the Defendant has been punished several times due to the past fraud, assault, etc.; (c) the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; and (d) various sentencing conditions indicated in the instant records; and (e) the scope of recommended sentencing guidelines in accordance with the sentencing guidelines guidelines (at least two years of imprisonment) based on the multiple criminal processing guidelines, such as the circumstances after the commission of the crime, the lower court’

Therefore, the defendant's assertion of unfair sentencing is without merit.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the appeal by the defendant is without merit, and the "Article 3247 (1) of the Criminal Procedure Act (the choice of imprisonment with prison labor in the point of fraud)" is amended to "Article 347 (1) of the Criminal Procedure Act (the point of fraud, the choice of imprisonment with prison labor)" among "Article 25 (1) of the Regulations on Criminal Procedure" applicable

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