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(영문) 서울고등법원 (춘천) 2015.03.25 2015노19
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for two years, for two years and six months, and for two years, for Defendant C.

Reasons

Summary of Grounds for Appeal

A) Defendant A had mental disorder at the time of committing the instant crime.

The decision of the court below on the grounds that the sentence of unfair sentencing (the defendant A: imprisonment of 2 years and 6 months; imprisonment of 3 years and 2 years and 6 months) is unfair.

Judgment

According to the records on the assertion of mental disorder, the fact that Defendant A received mental treatment due to mental illness, such as depression disorder, etc. at the time of the instant crime may be acknowledged. However, in light of the various circumstances indicated in the records, including the motive and purpose leading to the instant crime, including the details of the crime and the act before and after the instant crime, it is difficult to deem that Defendant A had no or weak ability to make a decision due to

Defendant

A's assertion on this part is rejected.

After the defendants requested the victim to bear the guaranteed obligation and then made a false statement on the grounds that the victim made a report on the damage to the investigation agency, etc., several types of injuries were inflicted on the victim, and the crime liability is considerably unlimited. However, the defendant A only participated in the crime committed on August 22, 2014, and the crime committed on September 1, 2014, and on September 1, 2014, the fact that the defendant did not participate in the crime, the fact that the victim suffered from mental illness, such as public disorder, etc., and in particular, prior to the crime of this case, there was no criminal punishment in any form including protective disposition or suspension of indictment against the victim, and even if there were no criminal punishment in any form, including protective disposition or suspension of indictment against the victim, the defendant B did not have the same criminal record as the victim, and the defendant A did not have any participation in the crime after his/her own agreement, and the defendant C/4 did not have been convicted.

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