(영문) 수원지방법원 2013.04.10 2013노759 | 리걸엔진

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(영문) 수원지방법원 2013.04.10 2013노759

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant crime, was in a state of mental disability with significantly weak ability to discern things or make decisions under the influence of alcohol.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below on the assertion of mistake of facts, it is recognized that the defendant committed the crime of this case while drinking alcohol, but in light of the background of the crime of this case, the circumstances before and after the crime of this case, the defendant's behavior at the time of the crime of this case, etc., it cannot be seen that the defendant did not have the ability to discern things or make decisions at the time of the crime of this case. Thus, this part of the defendant'

B. Although there are circumstances to consider the fact that the defendant's judgment on the assertion of unfair sentencing recognizes the crime of this case as well as the recognition of the crime of this case, his family members want to take the front of the defendant's wife and have difficulty in economic situation, the crime of this case is highly poor because the defendant had a knife in the defendant's house on the ground that the victims who are middle school students are in harmony with the victims without any special reasons, and went away from the victims and is threatening to do so, and the crime of this case is very poor. The victims of the crime of this case appear to have been more serious crimes than the crime of this case if the defendant was not arrested at the site. The victims of the crime of this case appear to have suffered serious fear as well as the victims in the course of the crime of this case, and the defendant was punished more than 20 times for the same crime such as the Punishment of Violences, etc. Act and the crime of injury, etc. (a prison imprisonment, a suspended sentence of execution once, and a fine of 16 times).

참조조문

-폭력행위 등 처벌에 관한 법률

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