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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 전주지방법원 2012.12.05 2012노1129
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant had weak ability to discern things or make decisions due to stimulative disorder.

B. In light of the overall circumstances of the instant case of unreasonable sentencing, the lower court’s sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the defendant is currently receiving medical treatment due to stimulative disorder, but the record reveals that the defendant at the time of the crime of this case had weak ability to discern things or make decisions due to mental illness. Thus, this part of the defendant's assertion is without merit.

B. In full view of all the sentencing factors indicated in the instant pleadings, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., the sentencing of the lower court is deemed to be too unreasonable, and therefore, the Defendant’s assertion on this part is not well-grounded, on the ground that the lower court’s sentencing is deemed to be too unreasonable, given that the Defendant had a history of having been sentenced to imprisonment without prison labor or heavier punishment several times, even though he was serving as a repeated offender, and that most of the victims did not reach an agreement.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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