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(영문) 전주지방법원 2014.11.14 2014노1042
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of this case with mental disorder was committed under the influence of alcohol by the Defendant under the influence of alcohol and without or weak ability to discern things or make decisions.

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

2. Determination

A. According to the records of this case as to the assertion of mental disorder, even though the defendant was aware of drinking prior to the crime of this case, in light of all the circumstances such as the background and method of the crime of this case, the defendant's behavior before and after the crime of this case, and the circumstances where the defendant had been punished by the use of multiple alcohol and violence, the defendant cannot be deemed to have reached a state where the defendant has no or weak ability to discern things or make decisions due to the above reasons at the time of the crime of this case. Thus, the defendant and his defense counsel's mental and physical disability cannot be

B. Although the defendant's judgment on the assertion of unfair sentencing is partially recognized as favorable to the defendant, such as the fact that the defendant acknowledges and reflects the crime, that the injury suffered by the victim is relatively heavy, and that the investigative agency agrees with the victim smoothly, etc., the crime of this case is highly dangerous. The crime of this case is committed several times by beer disease, that the defendant has been punished for the same kind of crime, and that the defendant committed the crime of this case even though he has been punished for repeated crimes for the same kind of crime, and that the defendant committed the crime of this case even though he has been punished for repeated crimes for the same kind of crime, it is inevitable to sentence the defendant to commit the crime during the period of repeated crime, and the court below imposed the lowest sentence to reduce the punishment by taking into account the above favorable circumstances, and thus, there is no way to reduce the punishment by taking into account the defendant's age, character and behavior, environment, family relationship, and the circumstances after the crime.

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