(영문) 춘천지방법원 2015.04.22 2015노64 | 리걸엔진

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(영문) 춘천지방법원 2015.04.22 2015노64

폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속협박)등

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The judgment of the court below is reversed.

Imprisonment with prison labor for a crime of No. 1 and No. 2 in the judgment of the defendant, and a crime of No. 3 in the judgment.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state of mental illness and drinking with mental disability.

B. The sentence of unfair sentencing (one year of imprisonment with prison labor and six months of imprisonment with prison labor with prison labor for the crimes Nos. 1 and 2 on the market) by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the claim of mental disability, it cannot be seen that the defendant had the ability to discern things or make decisions, in full view of the circumstances leading to each of the crimes of this case, the method and method of the crime, the behavior of the defendant before and after the crime, the circumstances after the crime, and the amount of the defendant's reputation, etc.

B. Although there are circumstances unfavorable to the defendant, including the records of punishment against the defendant for the crime related to violence, the nature of the crime of this case is not less than that of the crime of this case, and the crime of this case of the crime of this case of the crime of this case of the crime of this case of the crime of the crime of this case of the crime of this case of the crime of this case of the crime of this case of the crime of this case of the crime of this case of the crime of this case of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the first and the second of the judgment, the sentence should be determined in consideration of equity with the case of the crime of the crime of the crime of

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