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(영문) 서울서부지방법원 2014.12.11 2014노1458
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 under the influence of alcohol at the time of committing the crime.

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

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the defendant was found to have been under the influence of alcohol to a certain extent at the time of the crime, but in light of the circumstances leading to the crime, the means and method of the crime, and the circumstances before and after the crime, the defendant did not have the ability to discern things or make decisions due to drinking

This part of the assertion is without merit, since it seems that it was or was in a weak state.

B. As to the assertion of unfair sentencing, the lower court’s punishment on the assertion of unfair sentencing is determined in consideration of the Defendant’s age, character and conduct, environment, etc., and all other conditions of sentencing, such as the Defendant’s age, character, and environment. The victims do not want the Defendant’s punishment, the Defendant has been punished for the same kind of crime several times, and each of the of the instant crimes was committed during the suspension period of execution of the same criminal records.

3. In conclusion, the defendant's appeal is without merit and it is so decided as per Disposition in accordance with Article 364 (4) of the Criminal Procedure Act.

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