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(영문) 서울북부지방법원 2014.03.28 2013노1625
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

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

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state of mental disability under the influence of alcohol.

B. The sentence imposed by the lower court (two years and six months) is too unreasonable.

2. Determination

A. In light of the various circumstances indicated in the record, such as the course and process of the instant crime, the Defendant’s act before and after the instant crime, etc., it is recognized that the Defendant was under the influence of alcohol at the time of the instant crime, but thereby, does not seem to lack the ability to discern things or make decisions, and thus, this part of the Defendant’s assertion is without merit.

B. The instant crime of this case on the assertion of unfair sentencing is very bad in light of the motive and circumstance, the form of the act, the danger of the instrument used, the victim’s injury, etc., following the victim who refused to make a proposal of an oral knife, and then caused the victim’s injury to the knife due to the knife's knife after the defendant left the knife, and the crime of this case is very bad, and the number of times of the accused’s criminal records is disadvantageous.

On the other hand, in full view of the following circumstances: (a) the Defendant recognized his mistake and reflects on the Defendant; (b) the Defendant appears to have committed contingent acts under the influence of alcohol; (c) the degree of injury to the victim is relatively minor; and (d) the Defendant agreed with the victim when he was in the trial; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance of each of the instant crimes; and (d) other circumstances that are conditions for sentencing, such as the circumstances after the commission of the crime, the sentence imposed by the lower court is unreasonable, and thus, this part of the

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The Court shall have jurisdiction over the summary of the evidence and evidence.

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