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(영문) 광주지방법원 2013.12.13 2013노2295
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime.

B. The lower court’s imprisonment (one year and six months of imprisonment) is too unreasonable in light of various circumstances on the Defendant’s grounds of unfair sentencing.

2. Determination

A. According to the record of the determination on the claim of mental and physical disability, the defendant has received hospital treatment for a considerable period of time due to alcohol existence. Although it is recognized that the defendant had drinking at the time of the crime of this case, considering all the circumstances such as the circumstance leading up to the crime, the drinking volume of the defendant at the time of the crime, the means and methods of the crime, the attitude and words before and after the crime, and the circumstances after the crime, it does not seem that the defendant had the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case, and therefore, this part of the defendant's assertion is without merit

B. A favorable circumstance is that the Defendant recognized the instant crime and reflected the instant crime, the victim did not want the punishment against the Defendant, and the Defendant committed an contingent crime on drinking alcohol, etc.

However, the crime of this case is a case where the Defendant, who has a speech disorder, inflicted bodily injury upon the victim's head due to a fluoral disease, which is a dangerous object on the ground that the victim desires to do so, and the method of crime is inadequate, and the crime of carrying such dangerous objects is not likely to cause serious bodily injury, etc.

In particular, the Defendant has a history of criminal punishment more than 20 times, including four times of punishment for a crime related to violence, and considering the fact that the drinking of alcohol appears to repeat the above crime against people, it is necessary to correct the Defendant’s drinking and violent habit, and to shoulder the Defendant’s awareness of such crime.

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