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(영문) 광주지방법원 2014.10.15 2014노811
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

When committing the instant crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

The sentence of the lower court on unreasonable sentencing (fine 5 million won) is too unreasonable.

Judgment

According to the records of the judgment on the claim of mental disability, it is recognized that the defendant was in a state of drinking at the time of the crime in this case, but in light of various circumstances, such as the process, method and method of the crime in this case, the defendant's speech and behavior before and after the crime in this case, it does not seem that the defendant had the ability to discern things or make decisions due to drinking, and therefore, the above argument by the

The fact that the defendant's decision on the assertion of unfair sentencing recognizes his mistake, only one juvenile protective disposition prior to about 15 years prior to juvenile protective disposition, without any previous conviction, the injury of the victims is relatively minor, and the fact that the victim F and G have agreed with the victim F and G is favorable.

However, the crime of this case is committed on the grounds of minor injury to the victims who were on the cafeteria, and the police officers who received a report interfered with the performance of official duties and suffered bodily injury. Nevertheless, it is disadvantageous that the above police officers did not take any specific measures to recover damage to the police officers up to the court. In full view of the circumstances leading up to the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, and environment, the court below's punishment is too unreasonable. Thus, the defendant's assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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