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(영문) 부산지방법원 2014.01.23 2013노3330
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant crime, was in a state of mental suffering suffering from a mental disorder.

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

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below and the court below as to the claim of mental disability, it is recognized that the defendant had drinking alcohol at the time of the crime of this case, but in light of the circumstances, methods, contents of each crime of this case, and the defendant's behavior before and after the crime of this case, it does not seem that the defendant lacks the ability to discern things or make decisions due to such drinking. Thus, the defendant's argument of mental and physical disability cannot be accepted.

B. In light of the past history of punishment for the crime of the same kind of violence and the background, method, etc. of the crime of the instant case, it is necessary for the Defendant to seriously warn the Defendant in order to prevent recidivism. However, as a result of the examination of sentencing for a considerable period of time, the Defendant has been suffering from mental illness such as depression and stimulative disorder, etc., which is gradually dependent on alcohol, and the Defendant received hospitalized treatment in G hospital for treatment of mental illness after the instant crime, and is still under custody for a continuous period of time, and has failed to lead a stable life, such as going back with all of his family members through the time when the Defendant was influence and marriage, and living at the influence or soup and so on, so far as he did not lead to a stable life, it appears that he suffers from mental illness such as depression and stimulative disorder, etc., such as depression and stimulative disorder, rather than having been under custody by the court below, given the process and active treatment of the Defendant’s disease at the hospital.

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