(영문) 의정부지방법원 2013.07.11 2013노443

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(영문) 의정부지방법원 2013.07.11 2013노443

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.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability due to drinking at the time of the instant crime.

B. The sentence of unfair sentencing (one year and six months of imprisonment, three years of suspended execution, and 120 hours of community service) by the lower court is too unreasonable.

2. Determination:

A. As to the claim of mental disability, the defendant alleged that he had reached the crime of this case under the lack of the ability to discern things or make decisions due to a drunken relation. However, in light of the details and detailed methods of each crime of this case, the defendant's speech and attitude before and after the crime of this case, it does not seem that the defendant had a state of loss or lack of the ability to distinguish things or make decisions due to drinking alcohol at the time of the crime of this case, and there is insufficient data to acknowledge the defendant's assertion. Thus, this part of the defendant's assertion is without merit

B. As to the assertion of unfair sentencing, the victim’s degree of damage was significant, and the victim’s head was affected by beer and beer’s disease, and the Defendant’s disadvantageous circumstances, such as the defect of the method of crime.

However, considering the following facts: (a) the Defendant did not have any particular criminal record; (b) the Defendant suffered injury in the course of disputing with the victim; (c) the instant crime was committed by the Defendant; (d) the Defendant agreed with the victim in a contingent manner; (b) the Defendant committed an agreement with the victim; and (c) the Defendant committed a single crime by changing the attitude of denying the commission of the crime at the time of the trial; and (d) the Defendant has made efforts to work and is living in a normal workplace by finding employment; and (e) taking into account all the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, family environment, and circumstances after the commission of the crime

3. If so, the defendant's appeal is reasonable.

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