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(영문) 대전지방법원 2014.11.26 2014노1358
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The statements in the summary of the grounds for appeal (mental and physical disorder and unreasonable sentencing) are considered to the extent of supplement in case of supplemental appellate briefs not timely filed.

A. At the time of stopping the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disorder or mental disorder.

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

2. Determination

A. According to the records on the assertion of mental and physical disorder, even though the defendant was found to have committed the crime of this case under drinking, in light of the circumstances before and after the crime of this case was committed, the circumstances leading to the crime of this case, the defendant's behavior at the time of committing the crime of this case, etc., it cannot be deemed that the defendant did not have or lacks the ability to discern things due to drinking, and thus, the defendant's mental and physical disorder assertion is without merit.

B. We examine the judgment on the assertion of unfair sentencing. This case is found to have committed the crime of this case before the lapse of two months without being aware of the fact that the defendant, while on the way, expressed a desire to do so without any justifiable reason to the victims while on the way, and as a result, the victim was inflicted an injury upon him, and the nature of the crime is not good. The defendant had six criminal records of the same crime, including the records of juvenile protection cases, and one of them is criminal records of the suspension of execution. On July 25, 2013, the defendant was sentenced to three years of suspension of execution on July 25, 2013 by having been sentenced to imprisonment with prison labor for a violation of the Punishment of Violence, etc. Act (a deadly weapons, etc.) at the Daejeon District Court, which was sentenced to three years of suspension of execution on August 2, 2013.

However, the defendant led to the confession of each of the crimes of this case and reflects his mistake, and the defendant was in a trial, and the above victim was agreed with the victim G.

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