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(영문) 춘천지방법원 강릉지원 2014.04.29 2013노632
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed the instant crime in a state of mental disorder under the influence of alcohol.

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

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the assertion of mental disorder, the court below is found to have been under the influence of drinking alcohol to a certain extent at the time of the crime of this case, but did not have the ability to discern things or make decisions due to this in light of the shape and method of the crime of this case and the Defendant’s speech and behavior at the time.

not seem to have existed in or weak condition.

B. On April 25, 2013, the Defendant was sentenced to a suspended sentence of two years on the grounds of the violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) in the Gangnam Branch of the Chuncheon District Court on the grounds of a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) in the Gangseo Branch Branch of the Chuncheon District Court on April 25, 2013, and the judgment became final and conclusive, and the Defendant committed the instant crime without being aware of the fact that the damage was not completely recovered. Nevertheless, the lower court rendered a discretionary mitigation and six months of imprisonment with prison labor for a limited term of not less than one year, which is the statutory penalty, on the grounds of the Defendant’s alcohol addiction, etc., and sentenced the Defendant to the maximum amount of six months of imprisonment with prison labor. In full view of various sentencing conditions in the instant

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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