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(영문) 서울고등법원 2016.06.14 2016노822
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The defendant's appeal is dismissed.

In the disposition of the lower court, “an indecent act committed” in paragraph (1) of the same Article shall be deemed respectively.

Reasons

Of the facts charged in this case, the lower court dismissed the prosecution and sentenced the remainder of the charges, and only the Defendant appealed on the grounds of mental and physical weakness and unfair sentencing.

Therefore, since the court below's dismissal decision was separated and confirmed as it was, it was excluded from the scope of the judgment of this court.

The Defendant with mental or physical weakness of the grounds for appeal was under the influence of alcohol at the time of committing the instant special assault.

The punishment that the court below sentenced against the defendant (one year and six months of imprisonment with prison labor for the crime of special assault, violation of the Occupational Stabilization Act, and violation of each Juvenile Protection Act) is too unreasonable.

Judgment

According to the records of the judgment on the argument of mental and physical weakness, the fact that the defendant was in a state of drinking alcohol at the time of committing the special assault in this case is recognized.

However, according to the reasoning of the court below, in light of the following: (a) the Defendant continued to assault the victim at a place where the Defendant had drinking alcohol; (b) the Defendant brought the knife to G, H, and I, the Defendant knife the knife, bringing the knife to G; and (c) G brought the knife knife to other knife the knife; and (d) the circumstances and methods leading up to the instant special assault, such as the Defendant’s intimidation by taking the knife and taking the knife to the knife part of the victim; and (b) the Defendant’s behavior before and after committing the instant special assault, etc., the Defendant was in a state that the Defendant had the ability to discern things or make decisions due to drinking at the time of committing

does not appear.

Therefore, the defendant's mental and physical weak argument is without merit.

Special assault, violation of the Occupational Stabilization Act, and violation of the Juvenile Protection Act on the illegal argument of sentencing.

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