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(영문) 전주지방법원 2015.04.22 2015노260
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was drunk and was in a state of mental disability.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the background, process, means and method of the instant crime, the Defendant’s act before and after the instant crime, etc., which can be seen by comprehensively taking account of the evidence duly adopted and examined by the lower court as to the claim of mental disability, it does not seem that the Defendant was aware of drinking at the time of the instant crime, but it did not seem that the Defendant lacks the ability to discern things or make decisions, and thus, the above assertion by the Defendant is rejected.

B. Although there are no circumstances to consider the Defendant’s confession and reply against the instant crime as to the assertion of unfair sentencing, and the suspension of execution that was previously sentenced upon the instant judgment became final and conclusive, the Defendant again committed the instant crime within a short period during the period of suspension of execution due to the crime of obstruction of performance of official duties, etc. even though there were several criminal records, and the victim D wishes to punish the Defendant (only the Defendant expressed his/her intent that he/she would not want the Defendant’s punishment) and the Defendant’s age, character and behavior, environment, relationship with the victim, motive and means of the instant crime, and consequence, etc., as well as all the circumstances that form the conditions for the instant argument and the sentencing specified in the record, such as the circumstances after the instant crime, are too unreasonable.

3. Therefore, 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 groundless. It is so decided as per Disposition

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