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(영문) 인천지방법원 2013.08.13 2013노1685
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 disability at the time of committing the instant crime.

B. The lower court’s sentencing (nine months of imprisonment) is too unreasonable.

2. The lower court recognized that the Defendant had a state of mental disability at the time of committing the instant crime, and mitigated the punishment pursuant to Article 10(2) of the Criminal Act, so the Defendant’s above assertion is without merit.

3. Although the defendant's judgment on the defendant's assertion of unfair sentencing is recognized to have accepted and against the defendant's criminal act of this case, the court below sentenced the maximum sentence by reducing and reducing the amount of punishment for a limited term of not less than three years, and considering the defendant's age, character and conduct, family environment, circumstances leading to the criminal act of this case and the various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character and conduct, family environment, circumstances before and after the criminal act of this case, etc., the sentence of this case is too unreasonable.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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