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(영문) 수원지방법원 2016.06.24 2016노2020
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who was physically and mentally weak, was under the influence of alcohol at the time of committing the first criminal act as indicated in the judgment below.

B. The punishment sentenced by the lower court (one hundred months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the background leading up to the above crime, the means and methods of the crime, the defendant's behavior before and after the crime, etc., the judgment on the assertion of mental and physical weakness is deemed that the defendant drank alcohol at the time of the crime.

Even if so, there was a lack of ability to discern things or make decisions.

Therefore, the above argument is without merit.

B. The lower court, on the grounds that the Defendant committed each of the instant crimes even during the period of suspension of execution for the same kind of crime, and did not agree with the victim FF, G, or H, and did not recover from damage, determined a sentence by taking into account the favorable circumstances, such as the Defendant’s perception of all of the crimes and reflects the mistake, and the fact that the Defendant agreed with the victim J and K.

A thorough examination of the reasons for sentencing of the lower court and the fact that there are no special circumstances to change the sentence of the lower court for the first time, and considering the following factors: (a) the Defendant’s age, sex, criminal records, motive and means of crime, and the circumstances before and after the commission of the crime, the lower court’s punishment cannot be deemed unfair because it 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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