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(영문) 서울중앙지방법원 2013.09.12 2013노660
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, the so-called spawn's disease at the time of the victim does not constitute dangerous objects stipulated in the Punishment of Violences, etc. Act

B. At the time of committing the instant crime, the Defendant was in a state of mental disorder under the influence of alcohol.

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

2. Determination on the grounds for appeal

A. As to the assertion of misapprehension of the legal doctrine, the term “a deadly weapon or other dangerous object” under Article 3(1) of the Punishment of Violences, etc. Act includes a total or knife with the characteristics of killing a person, as well as other things, which may cause the other party or a third party to feel a risk of killing a person, if they are used by social norms.

However, the judgment of the court below that recognized that the defendant's act of benefiting a victim's pathn't constitute a case where the defendant carried dangerous articles stipulated in the above law as a result of his pathn's illness and carried the victim's pathn's pathn's pathn's pathn's pathn's pathn's pathn's pathn'

Therefore, this part of the defendant's assertion is rejected.

B. According to the record as to the assertion of mental disorder, even though the defendant was in a somewhat bad condition at the time of the crime of this case, in light of the circumstances indicated in the record, such as the background leading to the crime, the details of the crime, and the defendant's behavior before and after the crime, the defendant lacks the ability to discern things and make decisions at the time of the crime.

It is not recognized that the above person has reached the state of absence of such ability.

Therefore, we cannot accept this part of the defendant's assertion.

C. As to the assertion of unfair sentencing, the Defendant’s mistake is against the Defendant.

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