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(영문) 청주지방법원 2015.02.06 2014노1226
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The lower court’s imprisonment (three years of imprisonment, additional collection) is too unreasonable.

2. Determination

A. In light of the circumstances acknowledged by the evidence duly admitted and examined by the lower court as to the assertion of mental and physical disorder, namely, the background of the instant crime, the process of the crime, the Defendant’s speech and behavior immediately after the crime, the amount of drinking alcohol, and the Defendant’s past criminal records similar to the instant crime, etc., it cannot be deemed that the Defendant did not have or lacks the ability to discern things or make decisions due to drinking at the time of the instant crime.

B. As to the assertion of unreasonable sentencing, the Defendant’s acknowledgement of the instant crime and reflects on the Defendant’s behalf of the Defendant is a favorable circumstance.

However, the Defendant committed the instant crime on April 19, 201, with three times of juvenile protective disposition and two criminal punishment for the same crime. In particular, the Defendant committed the instant crime in violation of the Punishment of Violences, etc. Act on April 19, 2014 only three months after the completion of imprisonment with prison labor for a violation of the Punishment of Violence, etc. Act (a deadly weapon, etc.). The instant crime is committed on the part of the Victim H, which is a dangerous object that the Defendant had previously possessed without any particular reason, causing damage to the clothes or long-term beer with approximately four weeks of medical treatment to the victim at once, and the above transition of the victim C is dance, and the crime is very poor in light of the method of the crime, the part and degree of the injury, and even if it appears that the victim H’s life might have been at risk due to the instant crime, the victim did not reach an agreement with the victim and was otherwise subject to measures to recover damage, the Defendant’s personality, conduct, family relation, and family relation.

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