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(영문) 울산지방법원 2016.04.15 2016노377
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant had a mental and physical loss or mental weakness due to alcohol addiction.

B. The punishment of the lower court (one year and six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

The prosecutor applied the applicable law to "special injury" as "Article 3 (1), Article 2 (1) 3, and Article 257 (1) of the Punishment of Violences, etc. Act" to the effect that "Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act" change the name of the crime to "Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act" in the trial of the party, and since this court was changed to the subject of the judgment upon permission, the judgment of the court below was no longer maintained.

However, despite the above reasons for reversal of authority, the defendant's assertion of mental disorder is still subject to the judgment of this court.

3. The following circumstances acknowledged by the lower court and the first instance court’s duly adopted and examined the Defendant’s mental and physical assertion: (a) the Defendant was hospitalized into the K Hospital located in Yangsan-siJ from June 25, 2012 to July 10, 2012; (b) after the instant case, the Defendant was receiving drugs and mental treatment from the U.S. Hospital located in Ulsan-gu LM on November 18, 2014 due to the dependence on alcohol use; (c) according to the court’s mental appraisal, the Defendant appears to be a patient with alcohol dependence; and (d) was presumed to have been in a state of temporary inappropriate aggressive behavior due to alcohol consumption at the time of the instant case, decision-making ability, and decision-making ability impaired; and (e) the Defendant was investigated by the police in the instant case by the police.

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