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(영문) 부산지방법원 2015.09.25 2015노1407
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant had no or weak ability to discern things or make decisions due to mental disorders.

B. The sentence of the judgment of the court below on unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Determination:

A. We examine the argument about mental disorder. According to the evidence duly adopted and examined by the court below, the fact that the defendant suffered from editing mental disorder, depression, etc., and the fact that the defendant received treatment for the above mental illness can be acknowledged. However, in light of the circumstances leading to the crime of this case, the defendant did not have the ability to discern things or make decisions at the time of this case due to mental disorder, in light of the background leading up to the crime of this case, method and method of the crime, and the circumstances after the crime.

Since it cannot be seen that it has reached a state or weak, this part of the defendant's assertion is without merit.

B. We examine the argument of unfair sentencing: although there are circumstances to consider the developments leading up to the occurrence of the instant case, there are a large number of criminal offenses against the Defendant, and the Defendant committed the instant crime during the period of repeated crimes, and the Defendant was not aware of the fact that the crime was committed while being tried due to the crime of attempted murder, etc., and committed the instant crime without being aware of the nature of the crime; the degree of injury suffered by the victim is not easy and the damage was not recovered; the lower court rendered a sentence within the scope of statutory mitigation; there is no change of circumstances to take into account in the trial; the Defendant’s age, character, environment, circumstances after the crime, risk of recidivism, etc.; in full view of all the records and the sentencing indicated in the arguments of the instant case, the Defendant’s assertion is without merit, since the lower court’s punishment is determined to be reasonable.

3. Conclusion.

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