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(영문) 수원지방법원 2014.06.26 2014노641
폭력행위등처벌에관한법률위반(공동폭행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was under the influence of alcohol and was in a state of mental disorder or mental disability.

B. In light of the overall sentencing conditions of the instant case, the lower court’s punishment (fine 1.5 million won) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical disorder, even though the Defendant had drinking alcohol prior to the instant crime, and the place of the instant crime was deemed to be drinking, the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime, in full view of the circumstances leading to the instant crime, the means and methods of the crime, and the Defendant’s act before and after the instant crime, etc., which were duly adopted and investigated by the court below.

Therefore, this part of the defendant's argument cannot be accepted.

B. Although the defendant's judgment on the assertion of unfair sentencing does not seem to have committed the instant crime contingently, the degree of damage does not seem to be significant, it is questionable whether the defendant is true in light of the defendant's attitude, such as the nature of the instant crime, the failure to agree with the victim, the defendant's failure to agree with the victim on the date of trial two times even after having been lawfully notified of the date of trial, and there is a lack of basic compliance consciousness due to multiple criminal records, including criminal records, and there seems to be lack of basic compliance consciousness. In addition, considering the various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, character and conduct, as shown in the instant records and arguments, it cannot be deemed unfair because the court's punishment against the defendant is too unreasonable.

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

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