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(영문) 춘천지방법원 2015.09.09 2015노545
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical disability or mental health disorder.

B. The sentence of unfair sentencing (three years of imprisonment) by the lower court is too unreasonable.

2. Determination

A. In full view of the following: (a) acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mental and physical disorder; (b) comprehensively taking account of the background leading up to the instant crime; (c) the means and method of the crime; (d) the Defendant’s act before and after the crime; and (e) the circumstances after the crime, even though the Defendant was found to have a drinking condition, he was unable

Since it seems that the defendant was in a state or weak condition, the above assertion by the defendant is rejected.

B. In light of the risk of the crime of this case’s allegation of unfair sentencing, the crime is very heavy in light of the risk of the crime of this case’s crime, the injury of the victim E is not less severe, the defendant may have the power to be punished for the crime of violence including the criminal record, and other various sentencing conditions in the records, such as the motive and background leading to the crime of this case, the circumstances after the crime, and the defendant’s age, character and conduct, and environment, even if agreed with the victims, the sentence imposed by the court below against the defendant is too unreasonable. Thus, the defendant’s above assertion is without merit.

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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