(영문) 창원지방법원 2015.01.14 2014노2300 | 리걸엔진

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(영문) 창원지방법원 2015.01.14 2014노2300

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for one and half years;

3.Provided, That this ruling has become final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disorder or mental disability.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, although the defendant could have found that he had drinking alcohol at the time of the crime of this case, in light of various circumstances such as the background of the crime of this case, the conduct before and after the crime of this case, and the means and method of the crime of this case, the defendant did not have the ability to discern things at the time of the crime of this case.

It is difficult to see that it has reached a weak or weak state.

Therefore, the defendant's mental disorder is without merit.

B. The instant crime against the assertion on unfair sentencing is an unfavorable circumstance to the Defendant, where the instant case was committed on the part of the victim, who was in a marital relationship with the victim and was faced with a beer's disease, which is a dangerous thing, and caused approximately two weeks of treatment to the victim. The instant case was not somewhat weak.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime in the trial of the political party; (b) the victim did not want the punishment against the Defendant on November 26, 2014 by mutual consent with the victim; (c) the first offender who does not have any criminal power; (d) the result of the application of the sentencing guidelines by the Sentencing Committee (the scope of recommending punishment: between January and June, and between February, and the special person who is not subject to punishment (the grounds for mitigation)); and (e) other circumstances, including the Defendant’s age, character and behavior, environment, circumstances of the crime, means and consequence; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable.

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