(영문) 대전지방법원 2015.03.26 2014노3712 | 리걸엔진

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자간(%)

(영문) 대전지방법원 2015.03.26 2014노3712

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the instant crime of mental illness, the Defendant was in a state of mental disability under the influence of alcohol.

B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the claim of mental disability, the defendant is found to have drinking at the time of the crime in this part, but in light of various circumstances such as the circumstance and means of the crime in this part, the defendant's behavior after the crime, and the defendant's statement to some extent after the crime, it cannot be deemed that the defendant lacks the ability to discern things or make decisions under the influence of alcohol at the time of the crime in question. Thus, the above argument by the defendant is rejected.

B. The judgment on the assertion of unfair sentencing is based on the following facts: (a) the Defendant recognized all the crimes of this case and divided the Defendant’s mistake in depth; (b) the part on the carrying of a deadly weapon among the crimes of this case was agreed with the victim; and (c) the Defendant appears to have committed any contingent act while under the influence of alcohol; (c) the Defendant committed the crime of this case, which constitutes a repeated crime even after having been sentenced to imprisonment, and (d) the part on the driving of a deadly weapon during the crime of this case, even though the Defendant had had the record of punishing a suspended sentence due to drinking driving, was again again committed the same kind of crime; and (d) the part on the driving of a deadly weapon during the crime of this case, among the crimes of this case, the part on the bodily injury by carrying a deadly weapon, was caused by the victim’s chest and the part on the back of this case, which requires treatment for about 35 days by improving the victim, is inferior to the Criminal Procedure Commission’s Act, and the lower court’

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