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(영문) 대구지방법원 2013.09.26 2013노2172
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the Prosecutor (one year of imprisonment) is too unhued and unreasonable.

B. Defendant 1) Defendant 1, on April 4, 2013, the Defendant was under the influence of alcohol at the time of assaulting the victim D with a fire extinguishing machine around 21:40 on April 4, 2013, and did not reduce the sentence, and the lower court erred by misapprehending the legal doctrine on mental and physical disability, thereby adversely affecting the conclusion of the judgment. 2) The sentence imposed by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the defendant's claim of mental disability, the defendant is found to have been under the influence of alcohol at the time of assaulting the victim D, but it cannot be said that there was no longer the ability to discern things or make decisions. Thus, the above argument by the defendant is without merit.

B. We examine both the determination of unfair sentencing and the Defendant’s assertion of unfair sentencing.

The circumstances favorable to the defendant include the fact that the defendant's mistake is recognized and reflected, that the crime of mobile assault with a deadly weapon was committed somewhat contingent, and that the defendant is expected to be treated as alcohol dependence.

Meanwhile, in light of the law, etc., the crime of this case is disadvantageous to the defendant, such as the following: (a) the fact that the crime of this case was not good in quality; (b) the defendant had had had had had had had had had had had been punished several times due to the crime of taking-out and violence; (c) the defendant again committed the crime of taking-out type four times during the month; and (d) the fact that

In full view of all the circumstances revealed in the records and pleadings, such as the above-mentioned normal relationship, the age, character and conduct, environment, the circumstances surrounding each of the instant crimes, and the circumstances after the crime, it is not deemed that the sentence imposed by the court below is too heavy or less severe.

both a prosecutor and a defendant.

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