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(영문) 수원지방법원 2013.11.21 2013노4017
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant committed the instant crime under the influence of alcohol at the time of each of the instant crimes, with the absence or weak capacity to discern things or make decisions, the lower court did not consider it. In so doing, the lower court erred by misapprehending the legal doctrine on mental and physical disability, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, two years of suspended execution, probation, and community service order) is too unreasonable.

2. Determination

A. The Defendant’s argument about mental and physical disorder was examined by an investigative agency immediately after the instant case and stated that “at the time, it was not so drunk” (Evidence No. 20 pages) and the Defendant’s behavior before and after the instant crime was examined by the lower court, and the process, method, and method of the instant crime as well as the evidence duly adopted and investigated by the lower court. In light of the Defendant’s behavior before and after the instant crime, it cannot be deemed that the Defendant was under the influence of alcohol and had lost or weak ability to distinguish things or make decisions. Thus, the Defendant’

B. Although the defendant's agreement on the argument of unfair sentencing constitutes a reason for sentencing favorable to the defendant's agreement with the victim, the crime of this case constitutes a case where the defendant gets the head of the victim to the extent that he lost his consciousness by reason of his bad words from the victim, and the method of the crime of this case is serious and dangerous, and the defendant committed the crime of this case in this case even before the case, even though there was a past record of punishment such as sentence of punishment by violence, even before the case, while the defendant committed the crime of this case, and the court below sentenced a suspended sentence after reducing the minimum amount of statutory punishment (limited to imprisonment of more than three years), and thus, sentenced to a suspended sentence after the sentence of punishment of this case is the minimum statutory punishment.

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