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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 전주지방법원 2013.10.11 2013노815
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for four months;

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability at the time of committing the instant crime.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. The following circumstances acknowledged by the record of the instant case as to the assertion of misapprehension of legal principles, namely, the Defendant, prior to the instant crime, was in a state of drinking alcohol in another drinking house and drinking at the place where the instant crime was committed. At the time of the instant crime, the Defendant first saw the victim as “K’s victim out of his own drinking house,” “K is a deader, K is a dead person,” and “the victim is a dead person,” and other acts difficult to understand in mind, such as threatening the victim. At the time of the first statement at an investigative agency, the Defendant argued that he did not assault the victim, was unable to properly memory the situation at the time of the instant crime, and argued that he did not have the victim’s ability to contact with the victim, and that the Defendant was in a state of drinking alcohol and her ability to contact with the victim for a long time from October 15, 2010 to April 26, 2011.

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