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(영문) 부산지방법원 2016.02.17 2015노4283
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the physical and mental loss or mental weakness by drinking alcohol at the time of committing the instant crime, although the Defendant had been in a state of mental and physical weakness.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.

2. Determination:

A. According to the records on the assertion of mental disorder, even though the defendant was deemed to have had a certain level of drinking at the time of committing the instant crime, in light of the following circumstances, such as the background of the instant crime, the means and method of committing the instant crime, and the defendant’s act before and after the instant crime, the defendant was in a state that he did not have or lacks the ability to discern things or make decisions due to drinking.

It is not visible.

Therefore, the defendant's mental disorder cannot be accepted.

B. It is recognized that the circumstances such as the Defendant’s confessions all of the instant crimes and repents his mistake in depth, and the fact that the said victim appears to have sought the preference against the Defendant by mutual consent between the victim F and the Defendant.

However, the crime of this case is committed by the Defendant, while under the influence of alcohol at the cafeteria or the main restaurant of the victim F, H operation, and is committed by assaulting the victim E, H, and N. In light of the method and contents of the crime, etc., the crime of this case is considerably poor in light of the method and contents of the crime. The defendant does not comply with the request for summons by the court of original judgment, and the circumstances after the crime are not good, and the agreement with the victims except the victim F. up to the trial, or the restoration of damage is not properly performed; the crime of this case was committed even if there was a history of criminal punishment of 14 times by a fine due to the obstruction of identical violent crimes or duties; the crime of this case was detained by the instant case, and the punishment of this case was suspended on 21th day of the imposition of discipline during confinement.

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