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(영문) 전주지방법원 2012.12.28 2012노1124
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disorder by drinking alcohol.

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

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is recognized that the defendant was under the influence of alcohol at the time of the crime of this case, but the defendant lost or weak ability to discern things or make decisions. Thus, the defendant's mental and physical disorder assertion is without merit.

B. Although the defendant agreed with the victim D in the course of investigation, and agreed with the victim G in the court below to recognize the crime of this case, the defendant committed each of the crimes of this case even though he had been punished several times due to the same kind of crime, and each of the crimes of this case committed each of the crimes of this case. Each of the crimes of this case was committed by the defendant without any specific reason in the state of under the influence of alcohol, and was inflicted an injury upon the victim D by taking the back of the victim D, which is a dangerous object in the state of under the influence of alcohol, and was inflicted an injury by taking the front head of the victim Eul as an empty bottle, which is a dangerous object in common with E, and the nature and circumstances of the crime are very poor, and other various circumstances that are conditions of sentencing as stated in the crime of this case such as the defendant's age, character and conduct, environment, family relations, circumstances after the crime, etc., the defendant's above assertion is not reasonable.

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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