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(영문) 대전지방법원 2016.07.08 2016노1455
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) At the time of committing the instant bodily and mental injury and assault, the Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol.

2) The sentence of the lower court’s improper sentencing (one year of imprisonment) is too unreasonable.

B. Defendant B’s punishment (ten months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence of the judgment on Defendant A’s mental and physical disorder, it is recognized that the Defendant was drinking at the time of committing the instant bodily injury and assault.

However, in full view of the circumstances leading to the crime, the means and methods of the crime, and the circumstances after the crime, etc., the Defendant was in a state that the Defendant had the ability to discern things or make decisions due to drinking at the time of the crime.

It does not appear.

The defendant's mental disorder is without merit.

B. A favorable circumstance is that the Defendants were led to the confession of all the instant crimes, and Defendant B ought to support the wife with intellectual disability 3.

On the other hand, the crime of injury and assault in this case was committed jointly by the Defendants at the end of the minor end of the time, and the nature of the crime was poor, and the degree of the injury suffered by the victim H, the victim G, and the first assault is minor.

It can not be seen that the victims want to punish the Defendants, the Defendants were punished for the same kind of crime, the Defendants were punished for the same crime, and Defendant B again committed the instant crime without being aware of the fact that the period of repeated crime was in existence due to the same crime, and Defendant A was relatively less convenient for Defendant A to leave office.

In addition, in full view of the motive and background of each of the instant crimes, means and methods, the circumstances before and after the commission of the instant crimes, and other circumstances, including the Defendants’ age, sex, career, and environment, the lower court’s punishment against the Defendants is too unreasonable.

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