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(영문) 춘천지방법원 2014.07.23 2014노19
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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

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 court below regarding the claim of mental retardation, the defendant is deemed to have a certain degree of drinking alcohol at the time of the crime of this case, but in light of the circumstances leading to the crime of this case, the method and method of the crime, and the circumstances after the crime, etc., it cannot be deemed that the defendant had the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case. Thus, this part of the defendant'

B. Considering the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant violated the principle of unfair sentencing; (c) the Defendant agreed with the victim; and (d) when the instant imprisonment is finalized, the suspension of execution previously sentenced by the Defendant is invalidated; and (c) the Defendant has to serve a prison term to the said imprisonment (one year of imprisonment). Meanwhile, the instant crime has several records, including the type of crime and the degree of damage; (d) the Defendant committed the instant crime without being aware of the crime during the period of suspension of execution; (c) the Defendant did not appear before and after the date of the lower trial; and (d) the Defendant did not appear during the period of suspension of execution; and (e) the circumstances after the instant crime are committed, such as detention due to the execution of a detention warrant issued by the lower court, which led to the execution of the detention warrant issued by the lower court; and (e) the lower court imposed the lowest sentence within the scope of the applicable sentence through discretionary mitigation; and (e) other various factors indicated in the record, such as the motive, background, age, and age, and environment of the Defendant.

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