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(영문) 전주지방법원 2014.02.07 2013노1352
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant asserts to the effect that, under the influence of alcohol, the Defendant had no or weak ability to discern things at the time of committing the instant crime.

In light of the records of this case, even though the defendant was under the influence of alcohol at the time of committing the crime of this case, it is difficult to view that the above facts were in a state that the defendant had no or weak ability to discern things under the influence of alcohol at the time of committing the crime of this case. Rather, according to the records of this case, the defendant can be recognized to have made a statement at an investigative agency in a concrete memory of the circumstances leading to the crime of this case and the situation at the time of committing the crime of this case. Thus, it does not appear that the defendant did not have or weak ability to discern things at the time of committing the crime of this case

Therefore, the defendant's assertion of legal principles is without merit.

B. Although the defendant's judgment on the assertion of unfair sentencing recognizes the crime of this case as one of the crimes of this case and seriously reflects his mistake and agreed with the victim in the trial, the defendant has been punished by the suspension of the execution of imprisonment several times for the same kind of crime. The crime of this case is likely to inflict an injury on the victim with knife, which is a dangerous object of the defendant, and the nature and circumstances of the crime and the circumstances of the punishment of this case are very heavy, and other circumstances, such as the defendant's age, character and behavior, environment, family relationship, etc., are considered to be unfair.

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