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(영문) 부산지방법원 2015.04.16 2015노67
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant suffered from mental illness such as uneasiness and uneasiness prior to each of the instant crimes. At the time of each of the instant crimes, the Defendant was in the state of having lost or weak capacity to distinguish things and make decisions under the influence of alcohol.

B. The lower court’s sentencing (two years of imprisonment) is too unreasonable.

2. According to the records of the instant case’s determination on the assertion of mental disorder, it appears that the Defendant appeared to have a mental problem due to a chronic disorder, etc., and it is recognized that the Defendant had drinking alcohol at the time of each of the instant crimes.

However, in full view of the following: (a) the Defendant had no ability to discern things or make decisions due to the foregoing disability and alcohol at the time of each of the instant crimes, taking into account the volume of drinking alcohol and the amount of reputation; (b) the background and method of each of the instant crimes; and (c) the Defendant’s speech and attitude before and after each of the instant crimes.

Since it seems that the defendant was either in or weak condition, the above argument by the defendant is rejected.

3. In light of the frequency, period, degree of damage, etc. of each of the crimes of this case as indicated in the records of the judgment on the assertion of unfair sentencing, the defendant's act of committing each of the crimes of this case is disadvantageous to the defendant, or the defendant committed each of the crimes of this case during the suspension of execution without being aware of the fact that he had previously been punished as a suspension of execution of the same kind of crime before, or during the suspension of execution of execution, etc., which are disadvantageous to the defendant, or the defendant's all of each of the crimes of this case; the victim F and the court below whose degree of damage is most severe; the defendant's mother's and her mother's her mother and her furgy agreed with the defendant as well as her mother's her mother and furgy, and the defendant also complies with his wrong life for about 10 months

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