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(영문) 서울서부지방법원 2014.12.12 2014노1361
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant was under the influence of alcohol at the time of the instant crime, he did not recognize that the Defendant was in a state of mental disorder.

B. The sentence of unfair sentencing (one year and six months of imprisonment) of the lower court is too heavy.

2. Determination

A. According to the police and the prosecutor's office's protocol of interrogation on the defendant's claim of mental retardation, the defendant was under medical treatment after receiving a diagnosis of alcohol addiction, and the fact that he had drinking at the time of the crime of this case. However, in light of various circumstances, such as the circumstance and means of the crime of this case, the defendant's behavior before and after the crime of this case, and the defendant's statement by memory of the situation before and after the crime of this case, it is not deemed that the defendant lacks the ability to discern things at the time of the crime of this case, and thus, the above assertion by the defendant is rejected.

B. The following are the circumstances favorable to the Defendant: (a) the Defendant who made a judgment on the assertion of unfair sentencing led to the confession of the crime and seriously against the Defendant; (b) the degree of injury of the victims is relatively minor; (c) the victim appears to have committed an intentional crime with dolusence; (d) the state of health as a physically disabled person suffering from the flusence of alcohol; and (e) the support for the

However, the sentence of the court below is the lowest sentence applicable to the crime of this case, the defendant agreed with the victims or did not compensate for damage, the defendant has been punished several times as violent crimes, and the crime of this case is committed in the course of the suspension of execution of the same kind of crime, and there is no change of circumstances that may be considered especially in the trial, and there is no other reason to change the circumstances that are disadvantageous to the defendant.

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