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(영문) 서울서부지방법원 2013.09.24 2013노675
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability.

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

2. Determination:

A. According to the court below's and the evidence duly examined and adopted at the court below's and the trial court, it is acknowledged that the defendant had drinking alcohol at the time of the crime of this case, but in light of the circumstances leading to the crime of this case, the means and method of the crime, the behavior of the defendant before and after the crime of this case, the circumstances after the crime, and the defendant's ordinary amount of money, etc., it cannot be seen that the defendant did not have reached a state where he had the ability to discern things or make decisions at the time of the

B. As to the assertion on unfair sentencing, the crime of this case is an element for sentencing unfavorable to the Defendant, which is a case where the Defendant assaults the head of a house with the head of a house and interfered with the head of a house business under the influence of drinking, and furthermore, the police officers dispatched to the site upon receiving 112 a report have expressed desire to do so and obstructed the legitimate execution of duties by the police officers by using violence, and that there is a record of having already been punished by the Defendant by exercising several times of violence.

However, in full view of the following facts: (a) the Defendant recognized all of the instant crimes and reflects his mistake; (b) the degree of damage to the victims is relatively heavy; and (c) the victim was in agreement with the victim D and now, the said victim is currently attempting to support the Defendant; (d) there is an old age to support the Defendant; and (e) other various sentencing conditions specified in the argument of the instant case, the lower court’s punishment against the Defendant is somewhat unreasonable.

3. Since the defendant's appeal is with merit, the judgment of the court below is reversed and the pleading is made in accordance with Article 364 (6) of the Criminal Procedure Act.

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