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(영문) 춘천지방법원 강릉지원 2012.07.24 2012노130
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Summary of Grounds for Appeal

The Defendant asserted mental disorder was in a state of mental disorder by drinking at the time of each of the instant crimes.

The sentencing of the lower court on the assertion of unreasonable sentencing is too unreasonable.

Judgment

According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, even though the defendant was found to have had a little alcohol at the time of each of the crimes in this case, it does not seem that the defendant had a lack of ability to discern things or make decisions.

Although the judgment on the assertion of unfair sentencing was made, considering various sentencing conditions including the defendant's age, environment, motive of the crime and circumstances after the crime, the sentence imposed by the court below is unreasonable, considering the following factors: although the defendant committed each of the crimes in this case on parole during the execution of punishment due to the same kind of crime, the defendant reached an agreement with the victims in the trial.

3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act as to the facts of crime, Articles 2 (1) and 2 (1) 1 of the same Act, Article 260 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 260 (2) and (1) of the Criminal Act, Article 260 (2) of the Criminal Act, Article 257 (2) and (1) of the Criminal Act, Article 260 of the Criminal Act, Article 260 of the Criminal Act, Article 260 of the Criminal Act, Article 260 of the Criminal Act, the

1. Aggravation for concurrent crimes;

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