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(영문) 서울서부지방법원 2015.02.05 2014노1650
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. The defendant has not committed a mistake of facts against the victims due to an injury or disease.

B. At the time of committing the crime, the Defendant, under the influence of alcohol, was in a state of having no or weak ability to discern things or make decisions.

C. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. On November 14, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for an injury, etc. at the Seoul Western District Court, and completed the execution of the said sentence on February 20, 2013.

피고인은 2014. 6. 9. 04:50경 서울 마포구 C에 있는 'D' 편의점 앞 노상 테이블에서 술을 마시던 피해자 E(18세), 피해자 F(19세)에게 담배를 빌려 피우며 얘기를 나누던 중, 피해자들이 피고인에게 술에 취했으니 집에 들어가라는 말을 했다는 이유로 시비가 되어 그 곳 테이블 위에 있던 위험한 물건인 소주병을 피해자 E에게 던져 오른쪽 광대뼈 부위를 맞춤과 동시에 튕겨 나온 병에 피해자 F의 뒷머리 부분을 맞게 하여 피해자들을 각 폭행하였다.

3. Judgment on mistake of facts and mental or physical disorder

A. In regard to the assertion of mistake of facts, the court below judged that the defendant was faced with the victim's face and back head as stated in the facts charged, based on the victim's statement at each court, and that the defendant was faced with the victim's face and back head. Examining the fact-finding of the court below in comparison with the records

B. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant was found to have been under the influence of alcohol to a certain extent at the time of the crime, but in light of the circumstances leading to the crime, the means and method of the crime, and the circumstances before and after the crime, etc., the defendant did not have the ability to discern things or make

This part of the argument is justified because it does not seem to have been or weak.

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