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(영문) 대전지방법원 2013.05.09 2013노570
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In the instant case, the Defendant was in a state of mental disorder under the influence of alcohol.

(A) Although the defendant asserts mental disorder, since he had already been given a reduction of mental or physical disability at the court below, the defendant is deemed to have only claimed mental or physical disability in the court below. The sentence of the court below on unreasonable sentencing (nine months of imprisonment) is too unreasonable.

Judgment

According to the evidence duly admitted and examined by the court below, it is recognized that the defendant was in a state of drinking alcohol to a certain extent at the time of the crime in this case, and it is recognized that there was a lack of ability to discern things or make decisions, and in light of all the circumstances such as the detailed contents of the crime in this case, the means and methods of the crime in this case, and the circumstances after the crime, it is deemed that the defendant's drinking beyond such degree did not change things or lack of ability to make decisions. Thus, the above argument by the defendant is without merit.

In full view of all the sentencing conditions, including the fact that the defendant made a confession and reflect on the crime of this case on behalf of the defendant, the degree of injury suffered by the victim, and the fact that the defendant agreed voluntarily with the victim at the original trial, etc., but the crime of this case is serious in light of the law and risk of the crime, such as the fact that the defendant prices the following parts of the defendant's satisfy (180cc in length and 7cc in diameter), which are dangerous objects, and the fact that the defendant prices the satisfy injury, etc., the crime of this case is serious in light of the law and danger of the crime. There are records of criminal punishment several times in the past, the crime is a crime committed during the suspension of the execution of imprisonment with prison labor, and other sentencing conditions, such as the defendant's age, character and behavior, environment, criminal records, circumstances after the crime, and the risk of re-offending, the above argument of the defendant

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