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(영문) 울산지방법원 2015.11.20 2015노666
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability due to alcohol dependence at the time of each of the instant crimes.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination:

A. Before the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor tried ex officio prior to the judgment on the grounds for appeal by the court below, and the prosecutor applied for changes in the indictment with respect to the violation of the Punishment of Violences, etc. Act (a collective crime, deadly weapons, etc.) among the facts charged against the defendant in the trial as "special intimidation", and the applicable provisions of this Act were changed to "Articles 284 and 283 (1) of the Criminal Act", and the subject of the judgment is changed by this court's permission. As the facts charged in this part of the judgment below and the remaining crimes in the judgment of the court below are concurrent crimes under the former part of Article 37

However, although the judgment of the court below has the above reasons for ex officio destruction, the defendant's mental and physical disorder is still subject to the judgment of the court, and this is examined.

B. According to the result of the court’s mental appraisal of the Defendant’s mental disorder, it appears that the Defendant suffered from the climatic dependence, and that the Defendant suffered from the climatic climatic cliffic cliffic cliffic cliffic cliffic cliffic cliffic cliffic cliffic cliffic clific clific clific clific clific clific clific clific clific clific clific cli

In full view of the circumstances and attitudes of each of the instant crimes and the Defendant’s speech and behavior after each of the instant crimes, the Defendant is capable of determining the ability or intent to discern things at the time of each of the instant crimes, under the state of suffering from alcohol dependence.

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