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(영문) 대전지방법원 2014.12.11 2014노2918
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant (1) had no or weak ability to discern things or make decisions due to alcohol proof at the time of the instant case.

(2) The sentence imposed by the lower court on the grounds of unreasonable sentencing (one year and two months of imprisonment) is excessively unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. According to the record of the determination on the assertion of mental and physical disorder, even though the fact that the defendant was guilty of committing each of the crimes of this case under the influence of alcohol due to the proof of alcohol, even if the defendant had alcoholic existence, it is deemed that the defendant was more strongly in his state of alcohol, and each of the crimes of this case is not likely to have been affected by the influence of mental illness that cannot be controlled by himself, and thus, the defendant did not have the ability to discern things or make decisions at the time of the above crime.

Since the defendant cannot be deemed to have neglected or weak, the above argument by the defendant is without merit.

3. The circumstances are as follows: (a) the Defendant made a confession of all crimes and the existence of alcohol appears to have affected the crime.

However, in light of the fact that the instant crime was committed during the period of suspension of execution due to the crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.), the Defendant repeated the same mistake despite being placed prior to the suspension of execution; the Defendant’s act of destroying property or threateninging neighbors by revealing violent inclinations over a prolonged period without any particular reason; and the Defendant’s continuous damage was inflicted upon the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime.

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