(영문) 춘천지방법원 2015.10.28 2015노575 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2015.10.28 2015노575

도로교통법위반(음주운전)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental disability or mental health disorder due to drinking and alcohol existence.

B. The sentence of unfair sentencing (one year of imprisonment) by the lower court is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, prior to the judgment on the grounds for appeal by the Prosecutor, the Prosecutor added the criminal records to the effect that “the Defendant was sentenced to six months of imprisonment with prison labor on April 6, 2010 for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violence, etc. (a collective weapon, etc.) in the Youngcheon District Court’s Young-gu Branch Branch Office on August 15, 2010, and applied for amendments to the amendment of Article 35 of the Criminal Act (Article 35) in addition to the applicable provisions, and this Court permitted the amendment.

Therefore, larceny under Article 1 of the Criminal Act of 2015 [Attachment 165] of the Criminal Act of 2015 [Attachment 1] is related to the crime of violation of the Punishment of Violences, etc. (Intimidation of collective weapons, etc.) whose punishment has been terminated as above, and the punishment is imposed after the aggravation of repeated crimes pursuant to Article 35 of the Criminal Act. Thus, the judgment below was no longer maintained.

The judgment of the court below is no longer maintained due to the above reasons for ex officio destruction, but the defendant's mental and physical argument is still subject to the judgment of the court, and this is examined.

B. In full view of the following: (a) acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mental and physical disorder; (b) comprehensively taking account of the background leading up to the instant crime; (c) the means and method of the commission of the crime; (d) the Defendant’s act before and after the commission of the crime; and (e) the circumstances after the commission of each of the instant crimes, other than the crime No. 1 of the crime No. 1 of the crime No. 2015Kadan165 at the time of the original judgment, it is recognized

(b) the State or a local government-invested institution.

참조조문

-폭력행위 등 처벌에 관한 법률

-형법 제35조

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