beta
(영문) 부산고등법원 2015.11.04 2015노435

중상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability under the influence of alcohol at the time of each of the instant crimes.

B. The sentence of the lower court’s sentence on the Defendant of unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.

2. The judgment of the court below on the defendant's mental suffering claim is acknowledged as follows based on the evidence duly adopted and investigated by the court below: ① the defendant's usual amount was one-half of the disease of the defendant, ② the defendant was sexually drunk, and the defendant was sexually frank on the day of each of the crimes in this case. However, the defendant did not have much opportunities to drink during military service, and the defendant was deemed to have been drinking in the state of drinking, ② the defendant was under the influence of alcohol on the day of the crime in each of the above crimes, ② the defendant was under the influence of alcohol on the day of the crime in the taxi, so the defendant was under the influence of alcohol to the elementary school near the defendant's home, but the defendant was under the influence of alcohol to the extent that the defendant was under the influence of alcohol to the extent that he did not have any particular horses at the time, ③ the police who observed each of the crimes in this case was under the influence of alcohol by taking full account of the defendant's decision that the defendant was under the influence of alcohol at the time of each of each of this case.

3. If so, the defendant's appeal is reasonable. Thus, without examining the defendant's argument of unfair sentencing, the judgment of the court below is reversed under Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows

Criminal facts

All facts constituting the crime of the court below's holding that "the defendant is drunk."