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(영문) 인천지방법원 2013.12.13 2013노2344
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.

Seized knife (No. 1) shall be confiscated.

Reasons

1. The summary of the grounds for appeal is that the Defendant suffered from dementia due to Albts-in-law disease, and the Defendant committed the instant crime in a state of mental disorder, and considering such state of mental disorder, the lower court’s punishment (two years of imprisonment) is too unreasonable.

2. According to the statement of the fact-finding reply of the judgment of the court below, around November 30, 2010, the defendant was diagnosed with Maz-Ei-Ei-Ei-Ei-Man-Ei-Man-Ei-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-un.

In addition, although the defendant committed the crime of this case during the period of the suspension of execution due to the previous crime, it seems that the previous crime of this case was under the influence of dementia symptoms due to the lack of any identical criminal records except for those punished for the same criminal acts in around 1980 before the previous crime was committed. In full view of the various sentencing data on the records of this case, including the defendant's health condition, age, character and conduct, and environment, the punishment of the court below is somewhat unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal is reasonable.

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