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(영문) 대구고등법원 2014.01.23 2013노424
폭력행위등처벌에관한법률위반(상습집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of having no or weak ability to discern things or make decisions due to drinking, and thus, the lower court did not recognize it, thereby adversely affecting the conclusion of the judgment by misunderstanding the fact concerning the defect or mental or physical disability.

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

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental disorder, it is deemed that the Defendant did not have the ability to discern things or make decisions due to drinking at the time of the instant crime, in full view of all the circumstances, such as the circumstances leading to the instant crime, the means and method of the crime, the Defendant’s criminal conduct before and after the instant crime, and the circumstances after the crime.

In the same purport, the court below is correct to recognize the mental disorder of the defendant, and there is no error of misconception of the fact regarding the mental disorder.

B. The Defendant’s judgment on the assertion of unfair sentencing reflects his mistake by recognizing the instant crime.

The Defendant committed the instant crime in contingency under the influence of alcohol.

The degree of injury suffered by the victim is relatively minor, and the victim and the victim were fully agreed.

These circumstances are favorable to the defendant.

However, the Defendant had been sentenced six times to a violation of the Punishment of Violences, etc. Act. Accordingly, the Defendant committed the instant crime by carrying with himself a vexator, a vexator, and a vexing agent who is a dangerous object during the period of repeated crime.

These circumstances are disadvantageous to the defendant.

The court below's discretionary mitigation of the statutory penalty and then sentenced to the maximum penalty.

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