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(영문) 춘천지방법원 강릉지원 2013.04.30 2013노49
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On May 19, 2012, the Defendant was in a state of mental disorder or mental disorder at the time of committing the crime of injury.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental disorder, it does not seem that the Defendant was aware that he had taken a little degree of drinking at the time of the crime of injury on May 19, 2012, but it did not seem to have changed things or lacking the ability to make a decision, and thus, the Defendant’s above assertion is rejected.

B. The Defendant’s crime of each of the instant crimes was committed by the Defendant on September 18, 201 by assaulting the Defendant around 201 and causing conflicts due to the Defendant’s failure to compensate, and the Defendant also did not have any favorable circumstances for the Defendant, such as the fact that the Defendant was victimized by her assault from the victim C at the time of the crime on September 18, 201, and that the eyebrow was damaged by her tear.

However, in full view of all the sentencing conditions indicated in the records and arguments, including the fact that the victim C suffers a serious injury, whose damage has not been recovered at all due to each of the crimes in this case, and the fact that the quality of the crime is not good, such as displaying a shoulder drinking water disease, which is a dangerous object, etc., the sentence of the court below that sentenced the lowest statutory punishment by fully taking into account the circumstances favorable to the defendant cannot be deemed to be 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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