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(영문) 부산지방법원 2016.03.11 2015노3784

모욕등

Text

All convictions in the judgment of the court below No. 1, 3 and the judgment of the court below No. 2 shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The lower court’s judgment, 2015 order 1679, 2134 (Joint) and 5223 (Joint) of the facts charged, dismissed the prosecution concerning assault, and convicted the remainder of the facts charged.

However, since the defendant filed an appeal only against the conviction except the dismissal part of the above indictment among the judgment of the court below of the second instance, the dismissal part of the above indictment was separated and finalized as it is.

Therefore, the scope of this Court's adjudication is limited to the conviction part of the judgment of the second court and the judgment of the first and third court.

2. Summary of grounds for appeal;

A. The Defendant alleged a misunderstanding of facts (as to the facts of the crime No. 3 of the judgment of the second instance), committed an assault against the victim G, but the result does not result in an injury to the victim G.

B. Although the Defendant committed each of the instant crimes under the condition of mental and physical loss or mental weakness due to mental illness and alcohol dependence, the lower court neglected this.

(c)

Sentencing unfair sentence of the lower court (No. 500,000 won: fine of 500,000 won: imprisonment of 8 months, and 3 months: fine of 4 million won) is too unreasonable.

3. Before deciding on the grounds for appeal by the defendant ex officio, this Court tried to examine the guilty part of the judgment of the court of second instance and the appeal case against the judgment of the court of first and third instances. Each of the above judgment of the court below, which was consolidated in the trial of the court of first instance, shall be sentenced to a single sentence within the scope of the term of punishment for concurrent crimes pursuant to Article 38(1) of the Criminal Act, and in this respect, the judgment of the court below cannot be reversed.

However, the defendant's assertion of mistake and mental or physical disorder is still subject to the judgment of this court, despite such reasons for reversal of authority.

4. Determination on the assertion of mistake of facts