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(영문) 부산지방법원 2016.07.21 2016노1810
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Although the Defendant, as stated in the judgment of the court below, did not have inflicted a knife injury on the victim, the court below erred by misapprehending the facts charged, thereby affecting the conclusion of the judgment.

2) In the event that the Defendant was under the influence of alcohol at the time of committing the instant crime, the lower court did not recognize it.

3) The one-year imprisonment sentenced by the lower court’s unfair sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, such as the statement and diagnosis of the witness D of the court below, and the photo of the injured party, etc., the court below found the defendant guilty of the facts charged of this case as follows: since the defendant 1 knife three knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife on the victim's chest

B. According to the evidence duly admitted and examined by the court below, it is found that the defendant had a drinking condition at the time of the crime of this case, but on the other hand, in light of the background, means and methods of the crime of this case, the defendant's behavior before and after the crime of this case, circumstances after the crime of this case, etc., it cannot be deemed that the defendant did not have the ability to discern things or make decisions due to mental and physical disorder at the time, and even if not, in light of the above various circumstances and the defendant's drinking habits, and the records of the crime of this case, the defendant was drinking to the degree that he could have predicted the risk of committing the crime of this case, such as the crime of this case.

As such, it can be seen.

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