(영문) 의정부지방법원 2014.10.02 2014노1378

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(영문) 의정부지방법원 2014.10.02 2014노1378

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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

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

2. Determination

A. According to the record of the judgment on the claim of mental disability, even though the defendant was found to have drinking alcohol at the time of committing the crime, it does not seem that the defendant's ability or decision-making ability to discern things was weak. Even if so, the defendant's act constitutes a person who predicted danger and caused mental disorder by drinking alcohol as a child, and thus, Article 10 (2) of the Criminal Act does not apply to the defendant's act. Thus, the above argument by the defendant is without merit.

B. The judgment of the court below on the assertion of unfair sentencing is relatively minor, and even though the defendant agreed with the victim, the crime of this case is deemed to have been inflicted upon the victim's head by beer disease and the victim's face at several times. In light of the method and price of the crime, the defendant is highly likely to have been punished for violent crimes. In particular, the defendant was sentenced to ten months of imprisonment on November 8, 2012, and was sentenced to imprisonment on September 5, 2013. The crime of violation of the Punishment of Violences, etc. Act was committed again during the period of repeated crime after the execution of the punishment was completed, and the punishment of the crime of this case was reduced by imprisonment for a limited term of not less than three years, the lower court is difficult to view that the defendant's age, character and behavior, environment, motive and method of the crime of this case, the motive and consequence of the crime of this case, etc. and the circumstances before and after the crime of this case are considered to be unfair.

3. In conclusion, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

참조조문

-폭력행위 등 처벌에 관한 법률

-형법 제10조 제2항

-형사소송법 제364조

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