logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2014.02.06 2013노2857
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.

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

Reasons

1. Summary of grounds for appeal;

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

B. The sentence of one and a half years of imprisonment sentenced by the lower court is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, the defendant was under drinking alcohol at the time of the crime of this case, and was found to have been unable to memory part of the present situation, but it cannot be deemed that the defendant was under drinking, and in light of the amount of drinking alcohol at the time, the behavior of the defendant committed before and after the crime, etc., the defendant did not have the ability to discern things or make decisions due to drinking.

It does not seem to have reached a weak state.

The defendant's above assertion is without merit.

B. We examine the argument of unfair sentencing regarding the defendant's assertion of unfair sentencing. In this case, the defendant's injury to the victim F and H by using the main illness, which is a dangerous object, and the police officer's continued mobilization upon receiving a report, and the defendant's injury to the victim J at the same time. It is acknowledged that the crime was not good and that the defendant's injury was inflicted upon the victim J., but the defendant did not repeat again against the defendant's obligation to reimburse the victims of each of the crimes of this case and agree to compensate for the damage or deposit some money for the recovery of damage. The defendant did not have any history of having been sentenced to a suspended sentence or heavier punishment, and the defendant's age, character and behavior, environment, motive, means and consequence, and circumstances before and after the crime are considered to be unfair since the sentence imposed by the court below is too inappropriate. Thus, the above argument of the defendant is justified.

3. According to the conclusion, Article 364(6) of the Criminal Procedure Act is applicable.

arrow