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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구지방법원 2014.11.28 2014노3496
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the criminal facts of the 2014 Highest 3873 in the judgment of the court below (the part concerning the 2014 Highest 3873 in the judgment of the court below), the Defendant was under the influence of alcohol at the time of committing the crime.

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

2. Determination

A. According to the records of the judgment on the assertion of mental or physical disability (the judgment of the court below 2014No3873), although the defendant may drink to a certain extent at the time of committing the instant crime, in light of the circumstances acknowledged by the evidence duly adopted and investigated by the court below, the defendant did not seem to have lost or weak ability to distinguish things or make decisions at the time of committing the instant crime. Therefore, the above argument by the defendant is without merit. (b) The judgment on the assertion of unfair sentencing seems to have deteriorated due to alcohol use; (c) the injury inflicted upon the victims requires two weeks and three weeks medical treatment; however, the defendant's act of violating the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) of the Victims requires 10cc face of the victim D with a deadly weapon; (d) the risk of committing the instant crime was high; (e) the defendant was sentenced to imprisonment with prison labor for the same kind of crime; and (e) the defendant was sentenced to an aggravated punishment by the court below 8 times (2.1 month imprisonment, 15 months imprisonment, and one more severe punishment; (2.8 months imprisonment).).

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