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(영문) 의정부지방법원 2015.04.08 2015노268
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. When committing a crime of violation of the Punishment of Violences, etc. Act (collectively weapon, etc.), the Defendant was in a state of mental suffering from mental suffering.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the determination of mental and physical disability, it is recognized that the Defendant was in a state of drinking at the time of committing the instant crime of assault, such as a deadly weapon, but in light of all circumstances such as the background of the instant crime, the means and method of the instant crime, and the circumstances before and after the instant crime, it does not seem that the Defendant had weak ability to discern things or make decisions at the time of the instant crime.

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

B. As to the assertion of unfair sentencing, the Defendant’s assertion of unfair sentencing is favorable to the Defendant that recognized all of the instant crimes and reflects the mistake in depth.

However, the crime of violation of the Immigration Control Act and the crime of false entry into public electronic records in this case is a serious social hazard in that it undermines the legitimate immigration control of the State and the propriety of foreigner's stay in the Republic of Korea, which may cause various social issues. The crime of assault, such as the deadly weapons in this case, is an act of assaulting the victim in a blade of about 20cc in the blade length, which is a dangerous object without any justifiable reason, and the nature of the crime and the number of crimes is poor; the defendant has been punished seven times due to the like violent crime; other circumstances, including the defendant's age, character and behavior, the environment, the details and contents of the crime, and the circumstances after the crime, etc., on which the sentencing guidelines are set, and personal assault, such as a deadly weapon, and each public electronic record, and the sentencing guidelines for such crime.

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