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(영문) 인천지방법원 2014.10.17 2014노2812
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of alcohol, the Defendant committed the instant crime in a state of mental disorder or mental disorder.

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

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is recognized that the defendant was in a state of drinking alcohol at the time of the crime of this case, but the defendant did not have the ability to discern things or make decisions due to drinking alcohol at the time of the crime of this case in light of the circumstances leading to the crime of this case, the means and methods of the crime of this case, and the

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

B. Regarding the assertion of unfair sentencing, there are favorable circumstances, such as the defendant's recognition of the crime of this case and his depth and reflects the degree of damage caused by the crime of this case, and the fact that the degree of damage caused by the crime of this case seems to be a contingent crime under the influence of alcohol, but there are many criminal records (in around September 2009, one year of imprisonment and two years of suspended execution have been sentenced). The defendant committed the crime of this case without being aware of it during the period of repeated offense, the defendant did not have agreed with the victim, and the crime of violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) committed by the defendant constitutes a limited term of at least three years, and there is no change in circumstances or circumstances that can be newly considered in sentencing after the sentence of the court below, and the defendant's character and behavior, environment, relationship with the victim, motive and means of the crime of this case, and the circumstances after the crime of this case have been committed and the records revealed.

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