(영문) 광주지방법원 2014.11.05 2014노2115 | 리걸엔진

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(영문) 광주지방법원 2014.11.05 2014노2115

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant committed the instant crime under a state of mental and physical disability due to a polar disorder, etc.

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

2. Determination

A. According to the records on the determination of the claim of mental retardation, the Defendant is deemed to have been hospitalized as a stimulative disorder, divided personality disorder, anti-social personality disorder, but it does not appear that the Defendant had the ability to discern things or make decisions due to stimulative disorder, etc. at the time of committing the instant crime in light of the background and details of the crime, the Defendant’s speech and behavior at the time of committing the instant crime, and the circumstances before and after committing the crime, etc., in view of the fact that the Defendant was hospitalized as a result of the instant crime, during a short period of time from January 15, 2013 to November 21, 2013, from January 23, 2014 to January 27, 2014, from February 5, 2014 to February 13, 2014.

Therefore, the defendant's above assertion is without merit.

B. The victim I's injury in the judgment on the assertion of unfair sentencing is minor, victims who do not want the defendant's punishment, and stimulative disorder suffered by the defendant seems to have somewhat influenced the crime of this case. On the other hand, the defendant had the same criminal record as sentenced to a suspended sentence due to the crime of injury in 2009, and the defendant committed the crime of this case on June 28, 2012 by being sentenced to a suspended sentence of 2 years due to refusal to take alcohol measurement in 2 years, and by failing to comply with the request of an investigative agency several times until the period of the suspended sentence expires. The court below seems to have determined a sentence by fully considering the circumstances favorable to the defendant, and it appears that there is no change of circumstances that differs from the judgment of the court below and the punishment of this case, and the circumstances and crimes of this case.

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