(영문) 창원지방법원 2015.06.17 2015노566 | 리걸엔진

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(영문) 창원지방법원 2015.06.17 2015노566

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental disorder was under the influence of alcohol at the time of each of the instant crimes, and was in a state of mental disability.

B. The sentence of imprisonment (two years of imprisonment) imposed by the lower court is excessively unreasonable.

2. Determination

A. According to the records of mental and physical disorder, even though the Defendant was in a state of drinking alcohol at the time of each of the instant crimes, in light of various circumstances, such as the circumstances acknowledged by the lower court and the first instance court’s duly adopted and investigated evidence, the act before and after the instant crimes, and the means and methods of the instant crimes, it is not deemed that the Defendant lacks the ability to discern things or make decisions at the time of each of the instant crimes.

Therefore, the defendant's mental disorder is without merit.

B. Although the court below made favorable circumstances such as the confession and reflect of unfair sentencing by the defendant, and the defendant's wishing to view the defendant's wife by agreement with the victim, each of the crimes of this case is an injury requiring medical treatment for about 21 days in consideration of the victim's head, etc., which is a dangerous object, and the crime of this case was committed in light of the method of crime or the degree of damage, and the crime is not good, and there are significant records of having been punished several times in the past, and each of the crimes of this case was committed again during the repeated crime due to the same or similar crime. The court below sentenced the judgment of the court below by fully taking into account the defendant's favorable circumstances, such as the extent of recommended sentence according to the sentencing guidelines of the Sentencing Commission (at least one year and six months), and the age, character and conduct of the defendant, environment, motive, means and result of the crime, and various conditions of oral proceedings after the crime are considered.

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