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(영문) 인천지방법원 2014.04.04 2014노372
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, under the influence of alcohol, committed the instant crime under the condition of mental and physical loss or bad faith.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the assertion of mental disorder and the evidence duly admitted and examined by the court below, it is acknowledged that the defendant was under the influence of drinking alcohol to a certain degree at the time of the crime of this case, but the defendant did not have the ability to discern things or make decisions, in light of the form and method of the crime of this case, and the defendant's speech and behavior at the time.

did not appear to have existed in or weak condition.

B. Although the victim did not want the punishment against the defendant as to the assertion of unfair sentencing, there are favorable circumstances for the defendant. However, in light of the following: (a) the defendant was sentenced to a suspended sentence of ten months on May 16, 2013 on the grounds of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (do referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes" (do referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes") and was sentenced to a suspended sentence of two years; (b) the crime of violation of the Act on the Punishment, etc. of Violences, etc. (hereinafter referred to as the "Act on the Aggravated Punishment, etc.") committed by the defendant constitutes a limited term of three years or more;

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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