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(영문) 대전지방법원 2013.12.19 2013노2247
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Seized knife No. 1 (No. 1) shall be confiscated.

Reasons

Summary of Grounds for Appeal

Defendant

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

The sentence of unfair sentencing (two years of imprisonment) by the lower court is too unreasonable.

The above sentence of the court below by the prosecutor is too unhued and unreasonable.

Judgment

According to the evidence duly admitted and examined by the court below, it is recognized that the defendant committed the crime under a certain degree of alcohol at the time of the instant crime.

However, in light of the overall circumstances, such as the Defendant’s speech and behavior, the specific details of the crime, and the circumstances before and after the crime, it cannot be deemed that the Defendant did not have or lacks the ability to discern things or make decisions at the time of the crime in this case.

Therefore, this part of the defendant's argument is without merit.

Defendant

In addition, the grounds for appeal by the defendant and prosecutor on unreasonable sentencing are also examined.

The facts that the defendant led to the crime of this case and reflects it, and that the defendant was the first offender are favorable to the defendant.

On the other hand, the defendant prepared a knife, which is a deadly weapon prior to the victim's arrival, the victims covered or displayed the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife, especially the victim E was damaged by the wall and simple knife knife knife knife knife knife knife knife knife knife kn

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