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(영문) 서울남부지방법원 2019.03.19 2018노1445
폭행등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. Summary of grounds for appeal;

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

B. The lower court’s sentence (the first and second original judgment): imprisonment with prison labor for two years, and imprisonment with prison labor for eight months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, the judgment of the court below was examined ex officio prior to the judgment on the grounds for appeal of ex officio, and this court decided to hold a joint trial by filing an appeal against the judgment of the court below. Since each of the offenses against each of the court below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below cannot be maintained any more because it is subject to a sentence within the scope of the term of punishment imposed for concurrent crimes pursuant to Article 3

However, despite the above reasons for ex officio destruction, the above argument of the defendant's mental disorder still is subject to the judgment of this court, and this is examined.

3. In light of the circumstances acknowledged by the evidence duly adopted and examined by the second instance judgment on the Defendant’s mental and physical disorder, and the method and method of each of the instant crimes, and the circumstances after the crime, it is difficult to deem that the Defendant was in a state of mental and physical disability or mental disorder due to drinking at the time of each of the instant crimes.

Therefore, the defendant's mental disorder cannot be accepted.

4. Accordingly, 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 it is again decided as follows, after hearing.

[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

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