logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2014.01.23 2013노2839
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disorder or mental disability.

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

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mental disorder, the defendant can be found to have committed the crime of this case under the influence of alcohol. However, in light of the background leading to the crime of this case, the means and method of the crime of this case, and the circumstances after the crime of this case, it cannot be deemed that the defendant was under the influence of alcohol and lost or weak ability to discern things or make decisions. Thus, the above assertion by the defendant is without merit.

B. As to the assertion on unfair sentencing, the Defendant had paid a trial cost on the grounds of minor negligence with the victims, and after a considerable period of time has passed since the completion of the trial cost, the Defendant Da himself Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Ha Had Ha

However, in light of the fact that the defendant deposited a certain amount for the recovery of damage when the defendant was in the trial, and other various circumstances, which are conditions for the sentencing as shown in the records, such as the defendant's age, character and conduct, environment, occupation and family relation, the punishment sentenced by the court below seems to be somewhat unreasonable.

3. In conclusion, the judgment of the court below is reasonable in accordance with Article 364(6) of the Criminal Procedure Act.

arrow