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(영문) 대전지방법원 2014.11.06 2014노2170
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was in a state of mental disability or mental disability, who was under the influence of alcohol.

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

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is recognized that the defendant was in a state of drinking alcohol at the time of the crime of this case, but the defendant did not have the ability to discern things or make decisions due to drinking alcohol at the time of the crime of this case in light of the circumstances leading to the crime of this case, the means and methods of the crime of this case, and the circumstances before

Since it does not seem that the defendant was in a state or weak condition, the defendant's argument about mental disorder is without merit.

B. The defendant's judgment on the assertion of unfair sentencing is recognized as all of the crimes in this case, and the defendant seems to have committed the crime in this case by contingently while under the influence of alcohol, etc., but this case is recognized as having committed the crime in this case, but the defendant has reached knife one time the left part of the victim's body, and continuously committed an injury, such as assaulting the victim's body by continuing to go beyond the victim's body, etc., which requires three-day medical treatment, such as cruel, dangerous, serious injury, etc., due to bad nature of the crime law, there are multiple criminal records related to violence, and there are three criminal records related to suspended sentence, and more criminal records related to the crime of violation of the Punishment of Violences, etc. Act (injury to deadly weapons, etc.), even if there are three years or more years of punishment, and even if mitigation of punishment, the court below has no choice but to punish the victim for more than one year and six months after taking into account the favorable circumstances of the defendant.

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