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(영문) 인천지방법원 2015.12.08 2015노4109

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

The judgment below

The guilty portion against the defendant shall be reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant suffered from alcohol addiction and stimulative disorder, and at the time of the instant crime, the Defendant was in a state of mental disorder under the influence of alcohol poisoning and stimulative disorder.

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal, the prosecutor examined ex officio prior to the judgment on the grounds for appeal, and the prosecutor applied for the amendment of the indictment with the content that "violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" is "special intimidation" and "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act" among the applicable provisions of the Criminal Act is "Article 284 and Article 283 (1) of the Criminal Act," and since the court permitted the same and changed the subject of the judgment, the judgment of the court below is no longer maintained.

However, despite the above reasons for ex officio destruction, the defendant's assertion of mental or physical disability is still subject to the judgment of this court. In full view of the evidence duly admitted and examined by the court below, the defendant was hospitalized due to alcohol addiction and stimulative disorder, etc., but it is recognized that the defendant had drinking a considerable amount of alcohol at the time of the crime of this case, but in full view of the defendant's attitude and words before and after the crime of this case, it cannot be seen that at the time of the crime of this case, the defendant did not have the ability to discern things or make decisions. Thus, this part of the defendant's assertion

3. If so, the judgment of the court below that found the defendant guilty on the ground of the above ex officio reversal. Thus, without examining the defendant's argument of unfair sentencing, the judgment of the court below reversed the conviction portion against the defendant under Article 364 (2) of the Criminal Procedure Act and ruled the following again through pleading

Criminal facts

b) the summary of the evidence and evidence.