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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.06.10 2015노73
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability with mental disorder.

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

(1) The Defendant and the Defendant’s defense counsel, on January 13, 2015, and February 23, 2015, served a written notification of the receipt of the trial records on the notification of the receipt of the trial records, and filed the statement of grounds of appeal on January 28, 2015 and March 5, 2015, claimed only mental and physical disorder and unreasonable sentencing. The Defendant’s defense counsel subsequently appointed on May 13, 2015, asserted a mistake of facts and misapprehension of legal principles to the effect that “when the Victim E is on the floor of a minor ward, it does not constitute an assault by carrying dangerous articles.” Therefore, the above misapprehension of legal principles and misapprehension of legal principles stated in the summary of the oral argument submitted after the deadline for submission of the statement of grounds of appeal cannot be a legitimate ground of appeal, and even on the other hand, if the Defendant’s main part of the victim E on the floor cannot be seen as an object dangerous to the victim E’s disease, such as the instant criminal facts.

2. Determination

A. According to the record as to the assertion of mental disorder, even though the defendant was found to have a drinking condition at the time of the crime of this case, in light of the defendant's usual drinking volume, the background leading up to the crime, the means and method of the crime, and the circumstances, etc., the defendant did not have the ability to discern things or make decisions due to drinking.

Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

B. As to the assertion of unfair sentencing, the Defendant reflects the instant crime, and the said victim does not want the punishment of the Defendant by mutual consent with the victim E.

However, the defendant can have been punished for the same crime, and the crime of this case is committed.

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