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(영문) 춘천지방법원 강릉지원 2014.02.20 2013노644
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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

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

2. Determination

A. According to the judgment and evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is recognized that the defendant was under the influence of drinking alcohol to a certain extent at the time of the crime of this case, but did not have the ability to discern things or make decisions in light of the form and method of the crime of this case, the defendant's speech and behavior at the time of the crime of this case.

did not appear to have existed in or weak condition.

B. There is no favorable circumstance for the defendant, such as the fact that the defendant merely agreed with the victim about the allegation of unfair sentencing and the victim has not been punished against the defendant, and the degree of injury suffered by the victim has not been relatively much weighted.

However, in full view of all the sentencing conditions including the fact that the Defendant committed the instant crime during the period of repeated crime due to the crime of attempted murder, etc., the statutory penalty for the instant crime is imprisonment with prison labor for a limited term of not less than three years, but with prison labor for a limited term of not less than one year and six months, and the Defendant cannot be sentenced to suspended sentence due to the reason under the proviso of Article 62(1) of the Criminal Act, the lower court’s sentence is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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