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(영문) 창원지방법원 2015.09.09 2015노1200
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a state of mental disorder, mental disorder, or mental retardation, etc. due to drinking, alcohol addiction, fluoral disease, mental retardation, etc.

B. The sentence imposed by the lower court (eight months of imprisonment) is excessively unreasonable.

2. Determination

A. According to the records of mental and physical disorder, it is recognized that the defendant had drinking at the time of each crime of this case, but did not have the ability or decision-making ability to discern things due to drinking at the time of each crime of this case in light of the circumstances of each crime of this case, the means and method of the crime of this case, etc.

There is no material to find that there is a mental disorder due to alcohol addiction, tidal disease, mental retardation, etc. without showing that there is a weak or weak state.

Therefore, the defendant's mental disorder is without merit.

B. Although there are favorable circumstances such as the confession and rebuttal of unfair sentencing by the defendant, the defendant's consent from the victim of the crime of intimidation that the above victim does not want the punishment of the defendant, each of the crimes of this case was committed by assaulting the victims, interfering with their duties, carrying a food knife, which is a dangerous object, and the risk of the crime and the frequency of the crime, etc., and thus, the crime of this case is not good in light of the nature of the crime; the defendant again committed each of the crimes of this case during the suspension period of execution of imprisonment due to the violation of the Punishment of Violence, etc. Act (a deadly weapons, etc.). The defendant did not reach an agreement with the victim of the crime of assault and the crime of interference with business; the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee (not less than four months of imprisonment) and other contents of the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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