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(영문) 대전지방법원 2014.04.30 2014노292
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal (mental disorder and unreasonable sentencing)

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

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court as to the assertion of mental disorder, it does not appear that the Defendant was in a state of lacking or lack of ability to discern things or make decisions at the time of committing the crime, in full view of the background leading up to the crime, the means and method of the crime, the Defendant’s act before and after the crime, and the circumstances after the crime.

Therefore, this part of the defendant's argument is without merit.

B. In light of the following circumstances: (a) the Defendant was sentenced to a suspended sentence of three years and six months for a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) at the Daejeon District Court on February 10, 201; (b) the Defendant committed the instant crime during the suspended sentence of imprisonment; and (c) the Defendant inflicted an injury on a female-friendly job-taking victim on or around June 2013 at the Daejeon District Public Prosecutor’s Office, even if the suspension of indictment was imposed at the Daejeon District Public Prosecutor’s Office on the grounds that the Defendant inflicted an injury on the victim again after two months; and (d) the Defendant was seriously punished.

However, the defendant led to the confession of the crime of this case and reflects the depth of the defendant, the defendant took advantage of the victim's name by taking advantage of his misunderstanding each time immediately after this case, the defendant's birth in return for the marriage of the defendant and the victim who has been waiting for more than 3 years, the degree of injury is relatively excessive, and the defendant shows the intention of treatment for the proof of alcohol existence.

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