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(영문) 광주지방법원 2014.07.30 2014노1222
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The Defendant, at the time of committing each of the instant crimes, was suffering from mental illness, such as depression, mental depression, etc., and was under the influence of alcohol at the time of committing the instant crime, and had no or weak ability to discern things or make decisions.

Each sentence of the lower court on the accused of unfair sentencing (the first and second punishment: imprisonment with prison labor for two months, and the third and fourth punishment: imprisonment with prison labor for three years) is too unreasonable.

Judgment

According to the records on the assertion of mental disorder, the Defendant was in a state of drinking alcohol at the time of the crime of destruction of the instant case, and the Defendant received counseling treatment at a mental hospital twice due to influence, apprehension, etc., despite being aware of the fact that the Defendant received counseling treatment at the mental hospital on two occasions at around 2012. In light of various circumstances, such as the course and process of each of the instant crimes, means and methods, and the Defendant’s speech and behavior before and after the crime, it does not seem that the Defendant did not have the ability to discern things or make decisions due

The first and second crimes in the judgment of the court in which the defendant made a judgment on the assertion of unfair sentencing is admitted to the confession of all crimes and his mistake, and the first and second crimes in the judgment of the court in which the judgment of the court in the judgment of the court in question is concurrent crimes under the latter part of Article 37 of the Criminal Act

However, in light of the fact that the defendant has been subject to suspension of indictment and family protection by repeatedly using violence against the victim E, and in particular, even during the suspension of execution by being sentenced to injury to the same victim, the defendant committed the crimes of Articles 3 and 4 of the judgment of the court below despite the suspension of execution, and that the above victim's act, such as the above victim, causes a large quantity of fiffs, a deadly weapon, and the defendant's act requires strict punishment, the degree of damage to property, is very serious, but up to this court.

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