상해등
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and eight months.
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant with mental or physical disorder was under the influence of alcohol at the time of committing the instant crime.
2) The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.
B. In light of the public prosecutor’s 1) misunderstanding of facts (not guilty part) and the relationship between J and the victims, the lower court acquitted the Defendant of the facts charged of insult, even if the performance of the offense of insult is recognized, by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
2) The sentence sentenced by the lower court is too unhued and unreasonable.
2. Determination
A. According to the records on the Defendant’s assertion of mental and physical disorder, it is acknowledged that the Defendant had drinking alcohol at the time of the instant crime, but on the other hand, in light of the circumstances such as the background, means, and the Defendant’s behavior before and after the instant crime acknowledged by these evidence, it is not deemed that the Defendant had no or weak ability to discern things at the time of the crime.
나. 검사의 사실 오인 주장에 대한 판단 1) 이 부분 공소사실의 요지 피고인은 2016. 7. 22. 04:50 경부터 같은 날 05:10 경까지 서울 강서구 H에 있는 I 지구대에서 주점 내에서 타인을 폭행하였다는 이유로 현행 범인으로 체포되어 인치된 후, 민원인으로 방문한 J( 남, 51세) 이 지켜보는 가운데 I 지구대 소속 경찰관들인 피해자 K, L, M에게 " 짭새 새끼야, 씹할 새끼, 좆도 아닌 새끼가 맞다이 까면 한방에 나가떨어질 새끼가 지랄하고 있네!
“A bitch bitch bitch bitch bitch bitch,”
씨 발 새끼야, 짭새 새끼가 좆도 아니면서! "라고 욕설을 하여 피해자들을 공연히 모욕하였다.
2) According to the evidence duly adopted and examined by the lower court, the time when the Defendant took a bath to the victims within the global belt is five (5) square meters from the new wall.