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(영문) 서울동부지방법원 2014.02.07 2013노1429
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

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 sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined in the lower court’s judgment as to the assertion of mental and physical disorder, the Defendant could have found that he had drinking at the time of the instant crime. However, in light of the Defendant’s reputation, the background leading up to the instant crime, the means and method of the crime, and the Defendant’s act before and after the instant crime, the Defendant did not have the ability to discern things or make decisions under the influence of alcohol.

or weak conditions may not be deemed to have existed.

B. Although there are favorable circumstances for the defendant, such as the fact that the defendant recognized his mistake, the fact that the defendant committed contingent acts under the influence of alcohol, the fact that the victim does not want the punishment of the defendant, and the fact that the suspension of execution that the defendant was previously sentenced is invalidated in the event that the imprisonment of this case becomes final and conclusive, the crime of this case uses violence that may cause fatal results to the victim's hair and chests by making the victim's hair and chests several times, and the crime of this case is very heavy, and the nature and circumstances of the crime of this case are used, the degree of the victim's injury is not easy, and the victim's injury is likely to have been suffered, and the defendant had a history of being subject to criminal punishment several times in the event of violence crimes. The crime of this case is unfavorable to the defendant, such as the fact that the defendant again committed the same kind of crime in the notice board while drinking alcohol from the other party and serving a deadly weapon in the same way as the crime of this case.

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