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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2014.05.16 2014노323
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was in a state of mental disability under the influence of alcohol.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. In light of various circumstances indicated in the record, such as the course and process of the instant crime and the Defendant’s act before and after the instant crime, even if the Defendant was under the influence of alcohol at the time of the instant crime, it does not seem that the Defendant did not have the ability to discern things or make decisions. Therefore, this part of the Defendant’s assertion is without merit.

B. Although the Defendant made a confession of the instant crime without any justifiable reason, the instant crime needs to be strictly punished as a domestic violence crime committed against his wife and her children using the kitchen knife, which is a dangerous object, without any justifiable reason. In full view of various circumstances, including the Defendant’s age, character and behavior, environment, motive or circumstance of the instant crime, means and consequence, circumstances after the instant crime, criminal records, etc., the Defendant’s assertion on this part is not unfair because the sentence imposed by the lower court is too unreasonable.

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

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