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(영문) 광주지방법원 2015.04.08 2015노27
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant had weak ability to discern things due to stimulative disorder.

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

2. In light of the evidence duly adopted and examined by the court of the lower judgment and the following circumstances, namely, the Defendant was voluntarily hospitalized at C Hospital, which is the place where the instant crime was committed from August 12, 2014 to September 17, 2014; the Defendant appears to have difficulty in shocking during the period of the addition of the stimulative disorder to the stimulative disorder; and the instant crime was committed during the period of hospitalization, etc., the Defendant is deemed to have lacking ability to discern things due to the stimulative disorder at the time of the instant crime.

Therefore, the defendant's above assertion is justified.

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the following is again decided after pleading.

Criminal facts

The summary of the facts and evidence admitted by this court is as follows: ① A summary of the facts constituting the crime of the lower judgment: (a) add “a defendant of criminal records was sentenced to a suspended sentence of three years on March 27, 2013 to imprisonment with prison labor for the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic assault) at the Gwangju District Court on March 27, 2013; and (b) during the current suspended sentence period, which became final and conclusive on April 4, 2013; and (c) add “the defendant was in a state of lacking the ability to discern things or make decisions due to stimulative disorder” to the first head of the crime column of the lower judgment.

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