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(영문) 서울서부지방법원 2014.04.17 2014노144
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) In the judgment of the lower court on the violation of Acts and subordinate statutes, the lower court erred by imposing a sentence that deviates from the lower limit of statutory penalty. 2) The lower court’s imprisonment (one year of imprisonment) is too unjustifiable.

B. Defendant 1) Each crime committed on July 30, 2013 by the Defendant with mental and physical disorder committed under the influence of alcohol at the time, thereby falling short of the ability to discern things or make decisions. Defendant 1 committed an act under the influence of alcohol. 2) The lower court’s sentence of unfair sentencing is excessively unreasonable.

2. Determination

A. The crime of violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act) in the judgment of the court below as to the prosecutor's assertion of violation of law is a crime of which statutory punishment corresponds to imprisonment for a limited term of at least three years pursuant to Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act. The court below found the defendant guilty of the facts charged as to the above crime and sentenced one year to imprisonment

It is apparent that the above judgment of the court below was erroneous and adversely affected by statutes.

B. According to the records of the judgment on the Defendant’s claim of mental disability, even though the Defendant was under the influence of alcohol at the time of each of the above crimes, considering the circumstances, means and methods of the crimes, the Defendant’s attitude and words before and after the crime, etc., it does not seem that the Defendant did not have any or weak ability to discern things or make decisions under the influence of alcohol. Therefore, the above assertion by the Defendant is rejected.

3. If so, the prosecutor's appeal on the grounds that the prosecutor's appeal is well-grounded, and the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act without examining the prosecutor's and the defendant's argument

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the facts charged and the summary of the evidence. The "criminal facts" of the judgment below is the part concerning the criminal records of the first head and the evidence.

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