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(영문) 부산고등법원 2013.04.17 2013노50
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (one year and three months of imprisonment) imposed by the lower court on the Defendant and the candidate for medical treatment and custody (hereinafter “Defendant”) is too unreasonable.

B. The lower court’s judgment on the part of the medical treatment and custody claim claim is unreasonable.

2. Determination

A. There are circumstances that may be considered in light of the circumstances, such as the fact that the Defendant recognized the instant crime and is against his mistake, the degree of injury of the victim is not serious, the victim does not want the punishment of the Defendant, and the Defendant committed the instant crime in a state of mental disorder due to “psychotic disorder caused by alcohol”.

On the other hand, the defendant committed the crime of this case again without being aware of the fact that he had been punished several times due to the violation of the Punishment of Violences, etc. Act, even though he had the past record of being sentenced to imprisonment and fines, and was demanded by the police officers dispatched to the scene by the report 112 to cause the knife from the police officers dispatched to the scene, but the defendant failed to comply with the request and display the knife for the victim as stated in the facts of the crime in the judgment, and the police officer would have a more serious result if he did not immediately control the defendant as electronic percussion locks, and in light of all the sentencing conditions shown in the argument of this case, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, it cannot be deemed unfair for the court below to have committed

The defendant's assertion of unfair sentencing is without merit.

B. The part of the medical treatment and custody claim case is based on the evidence duly adopted and examined by the lower court, namely, ① the Defendant’s mental disease, such as “mental and behavioral disorder caused by alcohol use,” “ alcohol dependence,” and “mental fission,” as follows.

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