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(영문) 춘천지방법원 강릉지원 2015.09.24 2015노455
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., mental disability and unreasonable sentencing) was under the influence of the Defendant at the time of each of the instant crimes.

Even if it is not recognized as mental or physical disability, the court below's imprisonment (10 months of imprisonment) is too unreasonable.

2. Determination

A. In light of the background leading up to each of the crimes in this case, the means and methods, and the circumstances before and after the crime, etc., it cannot be acknowledged that the defendant had the weak ability to discern things or make decisions due to drinking.

Therefore, the defendant's above assertion is without merit.

B. There are favorable circumstances, such as the Defendant’s recognition of each of the instant crimes and reflects on each of the instant crimes, and the fact that the victim’s injury is not severe.

However, in full view of the following facts: (a) the Defendant was punished for the same kind of crime several times; (b) the Defendant did not reach an agreement with the victim; and (c) the Defendant’s age, character and conduct, the environment, and the motive, background, means and consequence of the instant crime; and (d) the circumstances before and after the instant crime, the lower court’s punishment cannot be deemed to be unreasonable

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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