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(영문) 서울북부지방법원 2015.04.30 2015노426
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. When each of the instant crimes was committed, the Defendant was under the influence of alcohol and was in a state of mental disorder or mental disorder.

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

2. According to the records of the judgment of mental and physical disorder, even though the defendant was found to have committed each of the crimes of this case while drinking, considering the circumstances before and after the commission of each of the crimes of this case, the circumstances leading to each of the crimes of this case, the defendant's behavior at the time of committing each of the crimes of this case, etc., it cannot be deemed that the defendant did not have or lacks the ability to discern things or make decisions due to drinking, and therefore, the defendant's mental and physical disorder argument is without merit.

B. Although the defendant has already been sentenced to a fine and a suspended sentence of imprisonment for several times, the defendant's act of causing bodily injury with a deadly weapon in this case has been committed by the defendant, and the defendant's act of causing injury to the victim E by taking the head of the victim E with a scopic disease, which is a dangerous object, and the nature of the crime is very rough and bad. However, the defendant's mistake is considered to be contrary to the defendant's perception, and the investigation agency has expressed that the victim He was not subject to the punishment of the defendant, and the victim E expressed his intention that the victim E was not subject to the punishment of the defendant. The victim's injury with a deadly weapon in this case was in the first instance, and it appears that the victims were not relatively more serious, and the defendant appears to have committed each of the crimes in this case under the influence of the defendant, and the defendant appears to have committed each of the crimes in this case under the influence of drinking, and the motive, background, and circumstances of the defendant before and after each of the crimes in this case.

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