(영문) 수원지방법원 2016.01.22 2015노5048 | 리걸엔진

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(영문) 수원지방법원 2016.01.22 2015노5048

폭력행위등처벌에관한법률위반(공동폭행)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-misunderstanding or legal doctrine, the Defendant was under the influence of alcohol at the time when he prevented the instant crime, and was in a state of mental and physical weakness.

However, the court below erred by misunderstanding the facts or misunderstanding the legal principles.

B. The sentence of the lower court (an amount of KRW 1,500,000) that is unfair in sentencing is too unreasonable.

2. Determination:

A. According to the evidence duly admitted and examined by the lower court as to the assertion of misunderstanding of facts or misapprehension of legal doctrine, the Defendant was deemed to have provided drinking at the time of committing the instant crime, but in light of all the circumstances, such as the background, content, means, method, and circumstances after committing the instant crime, the Defendant had the ability to discern things or make decisions at the time of committing the instant crime.

It does not appear.

Therefore, the defendant and his defense counsel's argument of mental and physical weakness is without merit.

B. It is true that there are conditions for sentencing favorable to the defendant, such as the defendant's acknowledgement of the crime of this case, the primary offender, and the defendant's agreement with the victim D.

However, in full view of the fact that the Defendant assaulted the Victim D in conjunction with B, and that the nature of the instant crime is not weak in light of the background, content, etc. of the instant crime, and other circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, sex, environment, family relationship, etc., the lower court’s punishment is too unreasonable.

Therefore, there is no reason to believe that the above sentencing of the defendant and his defense counsel is unfair.

3. If so, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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