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(영문) 춘천지방법원 강릉지원 2015.12.10 2015노570
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (non-incompetent of mental disability and unreasonable sentencing)

A. The Defendant committed the instant crime in a state of mental disability under the influence of breathing and breathing a mental and physical disorder.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Although the judgment on the claim of mental disability seems to have been made by the defendant with an uneasiness, etc., the defendant is deemed to have taken advantage of the mental and physical weakness, and the defendant is deemed to have taken advantage of drinking immediately before the crime of this case, in light of the motive, circumstance, means and method which the defendant caused the crime of this case, and the circumstances before and after the crime, it cannot be deemed that the defendant had weak ability to discern things or make decisions due to drugs or drinking.

The defendant's above assertion is without merit.

B. There are favorable circumstances, such as the fact that the defendant does not want the punishment of the defendant by mutual consent with the victim, that the defendant attempted suicide several times in the past due to mental illness such as unstable disorder, and that the defendant supported the wife with mental disorder 3.

However, in full view of the following: (a) the Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime during the period of repeated crime due to the same crime; (b) the Defendant had been punished several times for the same kind of crime; and (c) the Defendant’s age, character and conduct, environment, motive, background, means and consequence of the instant crime; and (d) the circumstances before and after the instant crime, etc., the lower court’s sentence that sentenced the lower court’s lower limit of punishment, which has been sentenced

The defendant's above assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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