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(영문) 서울동부지방법원 2013.03.22 2013노102
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the absence of verbal abuse or assault against police officers E, as stated in paragraph (1) of the facts constituting a crime in the lower judgment, the lower court found the Defendant guilty by erroneous recognition of the fact.

B. The Defendant was in a state of mental and physical disability under the influence of alcohol at the time of committing each of the crimes in paragraphs (2) and (3) of the judgment below.

C. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The evidence duly examined and adopted by the court below's decision on the assertion of mistake of facts, especially according to the clear and consistent statement from the police of victim E to the court of the court below, it can be sufficiently recognized that the defendant made verbal abuse and assault to E as stated in paragraph 1 of the facts constituting the crime in the judgment of the court below. Thus, the above argument of mistake of facts

B. Comprehensively taking account of the evidence duly examined and adopted by the court below as to the claim of mental disability, it may be recognized that the defendant had a drinking condition at the time of the crime under paragraphs (2) and (3) of the facts constituting the crime in the judgment below. However, in light of the defendant's ordinary drinking volume, the background leading to the crime, the method and method of the crime, the defendant's behavior before and after the crime, etc., it cannot be said that the defendant had the ability to discern things or make decisions under the influence of alcohol at the time of the crime in question, and therefore, the

C. The Defendant committed a crime with a deadly weapon favorable to the Defendant, which may cause fatal harm to others, and the history of punishment for the same kind of crime exceeds 20 times, such as the fact that the Defendant’s judgment on the assertion of unfair sentencing is against the mistake, the degree of damage caused by each of the instant crimes is not heavy, and the victim G does not want the Defendant’s punishment.

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