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(영문) 창원지방법원 2013.10.17 2013노974
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 was in a state of mental disorder or mental disorder under the influence of alcohol at the time of the instant crime.

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

2. Determination

A. According to the record of the judgment on the assertion of mental and physical disorder, the defendant was receiving treatment due to sulfur disorder at the time of the crime of this case, and was found to have drinking alcohol, but in light of the defendant's reputation, the background leading up to the crime, the means and method of the crime, and the circumstances after the crime, etc., the defendant did not have the ability to discern things or make decisions due to sulfur disorder or drinking at the time of the crime.

Since it seems that the defendant's mental and physical disability cannot be seen as being or weak, the defendant's argument is without merit.

B. Determination on the assertion of unfair sentencing is accepted: (a) the defendant recognized each of the crimes of this case as well as reflects the wrongness; (b) the victims’ injury was not relatively serious; and (c) the victims agreed with the victim.

However, the defendant has a criminal record of a fine, suspension of execution, and punishment for the same crime several times due to the same crime; the defendant inflicts an injury on the victims with dangerous things; the victim D, who suffered an injury, damages property to the restaurant operated by the victim between the emergency room in order to receive medical treatment; and the statutory penalty is more than three years; the crime of carrying and injuring dangerous things is a serious criminal, and the court below has imposed a suspension of execution of the sentence to the lowest sentence after lowering the lower limit of the punishment by taking account of the defendant's age, character and behavior, environment, motive, means and consequence of each of the crimes of this case; and all of the sentencing conditions specified in the records and arguments of this case, including the circumstances after the crime, etc., the sentence of the court below is too excessive.

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