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(영문) 인천지방법원 2014.06.13 2014노1167
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder or mental disability at the time of committing the instant crime.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below, it may be recognized that the defendant was in a state of mental disorder or mental disorder at the time of committing the instant crime. However, the defendant did not seem to have been in a state of mental disorder or mental disorder due to the drug or alcohol at the time of committing the instant crime. Therefore, the above argument by the defendant is without merit.

B. In full view of the following: (a) all the sentencing conditions indicated in the records and arguments of the case of unfair sentencing and the criminal defendant committed a criminal act of the same kind and imprisonment without prison labor or more, such as having been sentenced to a continued injury by force; and (b) having committed each of the crimes of this case during the period of repeated crime, the lower court’s punishment is too unreasonable.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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