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(영문) 대구지방법원 2014.07.24 2014노1576
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which did not reduce the punishment even though the defendant was under the influence of alcohol at the time of the crime of this case, is erroneous in the misunderstanding of legal principles as to mental and physical disability, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the defendant is found to have been under the influence of alcohol at the time of the crime of this case, but it cannot be said that the defendant had a weak state of the ability to discern things or make decisions. Thus, the above argument by the defendant is without merit.

B. The circumstances favorable to the defendant are that the defendant's wrong judgment on the assertion of unfair sentencing is divided and reflected, and the victims have reached an agreement with the victims and have not want to punish the defendant.

However, the Defendant committed the instant crime again during the suspension of execution due to the same crime, and committed the instant crime during the repeated crime period, etc. is disadvantageous to the Defendant.

In full view of such circumstances, Defendant’s age, character and conduct, intelligence and environment, relationship to victims, motive, means and consequence of the crime, circumstances after the crime, etc., it is difficult to deem that the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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