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(영문) 부산지방법원 2014.02.20 2013노1423
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was under the influence of alcohol and was in a state of mental disability.

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

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the claim of mental disability, the defendant may be deemed to have been in a state of drinking at the time of each of the crimes in this case, but in light of the background leading up to the crime, the means and method of the crime, the defendant's behavior before and after the crime, etc., it cannot be deemed that the defendant was in a state of weak ability to discern things or make decisions under the influence of alcohol at

B. In light of the fact that the instant crime on the assertion of unfair sentencing is a dangerous act that may directly lead to a large damage, and that the Defendant was punished as a violent offender in the previous 20 times or more, and that the Defendant committed a second offense during the same period of suspension of execution, etc., the Defendant should be punished with severe punishment.

However, in light of the following: (a) the degree of injury to the victim is relatively minor; (b) the defendant received a letter of apology immediately and received it from the victim; and (c) the defendant was in custody for about five months after the sentence was rendered by the court below; (d) the relationship with the brothers and sisters, who were released as bail at the court of the first instance, was significantly improved; and (e) it is necessary to give an opportunity to take into account the fact that the relationship with the brothers and sisters, who were in custody, was seriously improved; and (e) the fact that the period of probation in the previous case has already been overfford, it seems that the sentence of the court below, which sentenced the defendant, is too unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal on the ground of unfair sentencing is based on the following reasons.

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