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(영문) 인천지방법원 2016.11.17 2016노3139
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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

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

2. Determination

A. Although the Defendant was under the influence of alcohol at the time of committing the instant crime, in light of the process, means and method of the instant crime, the Defendant’s act before and after the instant crime was duly adopted and investigated by the evidence, it is not deemed that the Defendant had the ability to discern things or make decisions due to mental or physical disorder at the time of committing the instant crime, and thus, the Defendant’s allegation in this part is without merit.

B. The Defendant’s assertion of unreasonable sentencing is against the Defendant’s confession of crime.

The court below deposited KRW 700,000 for the victim G, and KRW 1 million for the victim H.

However, the crime of this case is serious for the defendant to commit the crime of this case by assaulting the criminal defendant without any particular reason, putting about 20 ker's disease on the floor of beer, destroying it by breaking it, and causing two victims who are in front of the main point to knife with knife with knife disease.

In particular, after the victim H's selling part, I tried to see the part of the her own part, and the her part was about to her own, and the her escape is about to her own by driving away the victim, and there is a bad quality of the crime.

피해자 G은 식도와 동맥 중간에 상처를 입어 50여 바늘을 꿰매는 봉합수술을 받았고, 피해자 H도 오른쪽 팔의 근육이 손상되어 봉합수술을 받는 등 상해의 정도가 가볍지 않다.

The accused is also subject to criminal records for three times as a violent crime.

The court below, taking into account the circumstances favorable to the defendant, has determined the punishment for the defendant, and there is no particular change in circumstances to consider the sentencing after the sentence of the court below

otherwise, the age of the defendant;

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