(영문) 수원지방법원 2015.10.23 2015노4642 | 리걸엔진

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(영문) 수원지방법원 2015.10.23 2015노4642

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental or physical disability or mental disability.

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

2. Determination

A. According to the records on the determination of mental or physical disability or the determination of mental or physical disability, it does not seem that the defendant had the ability to discern things or make decisions due to drinking at the time of the crime in this case, in light of the defendant's ordinary drinking volume, the background, means and place of the crime, the defendant's behavior before and after the crime in this case, and the circumstances after the crime in this case. Thus, the defendant's assertion of mental or physical disability or mental disability is without merit.

B. As to the assertion on unfair sentencing, the Defendant’s confession and reflects the instant crime, supports the children of high school students by negligence, and the fact that the victim does not want the punishment of the Defendant is favorable to the Defendant.

However, in light of the following circumstances: (a) the Defendant was sentenced to imprisonment with prison labor for the same crime on September 18, 2014 in one year and six months, and was sentenced to a three-year grace period; (b) the Defendant went to commit the instant crime even during the suspension period; (c) the Defendant was in a knife of the victim’s clothes with a deadly weapon; (d) the Defendant was in a very dangerous and serious degree of injury; (e) the punishment imposed by the lower court falls under the de facto lowest sentence after discretionary mitigation; and (e) other circumstances, such as the Defendant’s character and behavior, age, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., on which the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is without merit.

참조조문

-형사소송법

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