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(영문) 인천지방법원 2015.12.11 2015노3948
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state of mental disability.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the claim of mental disability and mental retardation, even though the defendant is deemed to have served alcohol at the time of the crime in this case, in light of the background of the crime in this case, the means and method of the crime in this case, and the circumstances before and after the crime, it does not seem that the defendant had the ability to discern things or make decisions. Thus, the defendant's claim of mental disability

B. As to the assertion of unfair sentencing, considering the following factors: (a) the Defendant led to the confession and reflect of all the instant crimes; (b) the victim G does not want the Defendant’s punishment; (c) the fact that the nature of the instant crimes is extremely poor in light of the background and content of the instant crimes; (d) the damage from the instant crimes was recovered or not agreed with the victim D; (c) the fact that there was a history of criminal punishment several times for the same violent crimes; and (d) other various sentencing conditions as indicated in the records and arguments, such as the Defendant’s age and happiness environment; and (e) the circumstances before and after the instant crimes, etc.

4. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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