(영문) 수원지방법원 2016.10.12 2016노5027 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2016.10.12 2016노5027

폭행

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of alcohol at the time of the instant crime, it was in a state of mental disability.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. We examine ex officio the grounds for appeal by the defendant prior to the determination of ex officio.

According to the evidence duly adopted and examined by the trial court, the defendant was sentenced to two years of suspension of the execution on March 25, 2016 to ten (10) months after he/she was sentenced to imprisonment with labor for the crime of interference with business, etc. from the Suwon District Court Sejong District Court on March 25, 2016 and the judgment became final and conclusive

Therefore, since the crime of interference with business, etc. for which judgment was made and the crime of the court below against the defendant is a concurrent crime under the latter part of Article 37 of the Criminal Act, punishment for the crime in the judgment of the court below shall be imposed in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act, the judgment

However, despite the above reasons for ex officio reversal, the defendant's assertion of mental disability still is subject to the judgment of this court, so it will be examined in the following paragraphs.

3. According to the records on the determination of mental and physical disability, even though the defendant was found to have drunk at the time of the crime in this case, it does not seem that the defendant had the ability to discern things or make decisions under the influence of alcohol at the time of the crime in light of the circumstances leading to the crime, the means and methods of the crime, and the circumstances before and after the crime.

Therefore, this part of the defendant's assertion is without merit.

4. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court, and evidence related thereto.

참조조문

-형법 제39조 제1항

-형사소송법 제364조 제2항

유사 판례

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