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(영문) 서울북부지방법원 2015.09.24 2015노1273
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. At the time of stopping the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disorder or mental disorder.

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

2. Determination

A. According to the record of the judgment on the assertion of mental and physical disorder, it is acknowledged that the defendant committed the crime of this case while drinking, but in light of the circumstances before and after the commission of the crime of this case, the circumstances leading to the crime of this case, the defendant's behavior at the time of committing the crime of this case, etc., it cannot be deemed that the defendant did not have or lacks the ability to discern things due to drinking, and therefore, the defendant's mental and physical disorder assertion is without merit.

B. The Defendant’s crime of this case on the assertion of unfair sentencing is based on the date and time stated in the facts of the crime in the judgment below, the victim E, who had been on the same place as the Defendant stated in the judgment of the court below, reported that the victim E, who had been on the table, takes a bath to the surrounding person during the commission of the crime, and caused the victim to fall off the victim’s left knee and knee, which is a dangerous object, by hand hand hand, and continued to collect three knes, which are dangerous objects for the victim, and thereby causing the victim’s injury, such as the victim’s chest and left knee, which require eight-day medical treatment, and thus, it is necessary to severely punish the Defendant. However, the Defendant in the judgment of the court below acknowledged the crime of this case which was denied in the judgment of the court below, and expressed that the victim and the defendant did not have been punished only after the agreement between the victim and the defendant.

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