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(영문) 대구지방법원 2013.07.12 2013노1225
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 under the influence of alcohol at the time of committing the instant crime.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. According to the records on the determination of mental and physical disability, even though the defendant was in a drunken state at the time of the crime in this case, in light of the background, method, the defendant's behavior before and after the crime, etc., it does not seem that the defendant had the ability to discern things or make decisions under the influence of alcohol at the time of the crime. Thus, the above argument by the defendant is without merit.

B. The instant crime of this case on the assertion of unfair sentencing was committed by the Defendant in a state of drinking, and there are extenuating circumstances such as the Defendant’s recognition of the instant crime and the Defendant’s perception of his own mistake in depth. However, the instant crime is highly dangerous in light of the form of act by the Defendant to display a knife toward the victim’s face, thereby causing injury to the victim. The degree of injury to the victim is relatively weak, and the victim did not recover from damage at all, and did not agree with the victim, and all of the sentencing conditions indicated in the instant case’s records, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, and circumstances after the crime, etc., are considered, and thus, the Defendant’s above assertion is not reasonable.

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

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