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(영문) 인천지방법원 2012.11.23 2012노2632
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, the Defendant, while under the influence of alcohol at the time of each of the instant crimes, committed an unlawful act that affected the conclusion of the judgment by misapprehending the legal principles that the lower court did not reduce the sentence against the Defendant.

(2) The offense of insult among the crimes of this case constitutes an act accompanying the victim FF, the violation of the Punishment of Violence, etc. to G, and the obstruction of performance of official duties, or an act accompanying the crime of violence or intimidation, which is the constituent element thereof, or constitutes an act of violence or intimidation, and thus, the crime of insult of this case and the crime of insult of this case are in accord with the law, but the court below separately recognized the offense of insult against the defendant is erroneous by misapprehending the legal principles

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 judgment of the court below and the evidence duly admitted and investigated at the court below as to the claim of mental disability, it is recognized that the defendant committed each of the crimes of this case while drinking, but in light of the circumstances leading to each of the crimes of this case, the means and method of the crime, and the defendant's behavior before and after the crime, etc., it does not seem that the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime of this case, but even if the defendant was physically and mentally ill under the influence of alcohol at the time of each of the crimes of this case, there are two times the records of punishment for committing violence or obstruction of performance of official duties under the influence of alcohol prior to each of the crimes of this case (a fine-type one time, a suspended sentence one time) and the fact that the defendant himself is not aware that the nature of the crime of this case cannot be avoided and refrain from acting.

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