logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2013.11.06 2013노450
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant had weak ability to discern things or make decisions under the influence of alcohol.

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 evidence duly admitted and examined by the lower court regarding the assertion of mental and physical disorder, it is deemed that the Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of each of the crimes in this case, in view of the circumstances leading to each of the crimes in this case, the method and method of the crime, and the circumstances after the crime. Thus, this part of the Defendant’s assertion is without merit.

B. Although there are favorable circumstances, such as the fact that the defendant's mistake is divided and reflected in the judgment of unfair sentencing, and that there was an agreement with the victim F of the crime of injury in this case, these circumstances were considered in all at the court below, and there was no change in circumstances at the same time, and there was no agreement with the defendant during the period of repeated crime, and the defendant committed each of the crimes in this case at the same time without being aware of the defendant during the period of repeated crime, and there was no agreement with the remaining victims until the trial, and the statutory punishment for the crime of violation of the Punishment of Violences, etc. (a collective, deadly weapons, etc.) of this case is prescribed as imprisonment for a limited term of not less than three years, it is inevitable to sentence the defendant who committed the crime in this case during the period of repeated crime, and the court below imposed the lowest of the applicable sentence among the applicable sentences through discretionary mitigation, and record, such as the motive, circumstance, age and circumstances of the crime in this case, and other circumstances after the defendant committed each of the crimes in this case.

arrow