(영문) 부산지방법원 2013.04.25 2013노419 | 리걸엔진

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(영문) 부산지방법원 2013.04.25 2013노419

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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The defendant's appeal is dismissed.

Reasons

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 lower court’s sentencing (one year and six months of imprisonment) is too unreasonable.

Judgment

A. According to the record as to the claim of mental retardation, even though the defendant was found to drink at the time of the crime of this case, in light of the circumstances leading to the crime of this case, the defendant's attitude before and after the crime of this case, and the speech and behavior, it is not deemed that the defendant had the weak ability to discern things or make decisions at the time of the crime of this case. Thus, this part of the defendant's assertion

B. As to the assertion of unfair sentencing, it is unreasonable for the court below to consider the following circumstances: (a) the defendant made confession of the crime of this case and is against the defendant; (b) the defendant deposited KRW 3 million for the victim when the defendant was in the trial; (c) the defendant was sentenced to imprisonment for 6 months, including the same criminal records; and (d) the defendant committed the crime of this case even though he was sentenced to imprisonment for 20 months; (c) the defendant did not reach an agreement with the victim up to the trial; (d) the crime of violation of the Punishment of Violence, etc. Act (a collective injury, deadly weapons, etc.) was committed by imprisonment for 3 years or more with prison labor; and (e) the punishment of 1 year and six months sentenced by the court below was the lowest sentence which can be sentenced after discretionary mitigation in this case without any other legal grounds; and (e) the motive and circumstances of the crime of this case, circumstances after the crime, the defendant's age, character and conduct, etc., and various conditions in the records and arguments of this case.

Thus, the defendant's appeal is without merit.

참조조문

-폭력행위 등 처벌에 관한 법률

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