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(영문) 울산지방법원 2015.11.13 2015노481
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was in a state of mental disorder or mental disorder due to alcohol addiction.

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

2. Determination

A. In light of the following circumstances acknowledged by the lower court and the court’s duly adopted and examined evidence, the Defendant was hospitalized in the K Hospital located in Yangsan-si, J from June 25, 2012 to July 10, 2012. After the instant case, the Defendant was receiving drugs and mental treatment with symptoms of dependence on alcohol use at the G Hospital located in Ulsan-gu, Ulsan-gu, U.S. on November 18, 2014. According to the court’s mental appraisal, the Defendant appears to be a patient with symptoms of alcohol dependence, and the Defendant appears to have been showing a temporary inappropriate aggressive behavior, decision-making disorder, etc. due to alcohol consumption at the time of the instant case, and the Defendant presumed to have deteriorated the ability to distinguish things and make decision-making ability, and the Defendant’s assertion that, upon being investigated by the police of the instant case, the Defendant did not have any ability to memory or to make decision-making ability at the time of the instant investigation at the time of the instant case, and that the Defendant did not have any ability to put things at issue things at the time.

3. In conclusion, the defendant's appeal against the mental and physical disorder is reasonable, and thus, the decision on the allegation of unfair sentencing is omitted.

In accordance with Article 364(6) of the Criminal Procedure Act, the judgment of the court below shall be reversed, and the following judgment shall be rendered again.

[Discied Judgment] Summary of facts constituting an offense and evidence recognized by the court, and summary of the evidence, is exempted from the judgment of the court below.

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