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(영문) 제주지방법원 2014.10.30 2014노54
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.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant cannot be deemed to have had the ability to discern things or make decisions at the time of the crime of this case, it is erroneous for the court below to find the defendant guilty of mental disability.

B. The lower court’s sentence of unfair sentencing (the suspended sentence of ten months for imprisonment) is too uneasible and unfair.

2. The following circumstances revealed by the record of judgment on mental and physical disability: (a) the Defendant stated that he drank one disease per week immediately before the instant crime was committed; (b) although the Defendant directly driven the bicycle and did not seem to have been drinking at the time in light of the fact that he committed the instant crime on the roads where he was in his house, it does not seem that he did not appear to have been drinking; (c) in the police investigation, the Defendant made a statement to the effect that he was trying to dye the part of the victim’s arms on the ground that he did not go through illness, but was in violation of the part of the victim’s arms and body (the Defendant, in the police investigation, made a statement that the reason for dyeing the victim was not accurately memory, but that he was unable to dye the victim’s body at the time of the instant crime, even though he was found to have been under the influence of the victim’s body and body at the time of the Defendant’s treatment or dyeing the victim’s body.

The judgment of the court below is justified.

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