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(영문) 수원지방법원 2016.06.08 2015노6638
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental and physical loss due to Compilation mental disorder.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. In light of various circumstances, such as the background of the instant crime committed by the evidence duly adopted and examined by the lower court, the circumstances before and after the commission of the crime, the statement of the Defendant in the investigative agency and the court, etc., the Defendant was suffering from the Compilation mental disorder, and there was a lack of ability to discern things or make decisions due to these symptoms.

, the court below held that the party was in a state where the party had no capacity to discern things or make decisions.

It does not seem that it does not appear.

Therefore, this part of the defendant's argument is without merit.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court on the part of the unfair argument for sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In such a case, there is no change in the conditions of sentencing compared to the lower court on the grounds that new materials for sentencing have not been submitted in the trial court, and in full view of the following circumstances, including the Defendant’s age, sex, environment, motive, means, and consequence of the crime, etc., the lower court’s sentencing is deemed appropriate, and it does not seem to deviate from the reasonable scope of discretion, too, by considering the following circumstances.

Therefore, this part of the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

However, the “criminal facts” of the lower judgment is a single criminal defendant, following the “complication.”

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