(영문) 서울북부지방법원 2014.05.01 2014노295

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자간(%)

(영문) 서울북부지방법원 2014.05.01 2014노295

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. At the time of stopping the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disability.

B. The sentence imposed by the lower court on the Defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the records of mental and physical disorder, even though the defendant was found to have committed the crime of this case while drinking, in light of the circumstances before and after the crime of this case was committed, the circumstances leading to the crime of this case, the defendant's behavior at the time of the crime of this case, etc., it cannot be deemed that the defendant lacks the ability to discern things or make decisions due to drinking at the time of stopping the crime of this case, and therefore, the defendant's mental and physical disorder argument

B. The crime of this case committed by the defendant by using a dangerous device, thereby inflicting bodily injury on the head of the victim’s head. While there is a strong need to punish the defendant in light of the risk, it is against the defendant’s wrong recognition, and there is no record of heavy punishment except for a suspended sentence of imprisonment in 190, and the defendant committed the crime of this case by putting in harmony with the victim as a matter of overdue payment while drinking with the victim, and according to the photograph taken by the head of the victim around July 16, 2013, according to the crime of this case, it is difficult to view that the degree of injury was very serious on the head of the victim’s head. The victim expressed his intention to punish the defendant in a hostile manner around that time, and considering the motive and background leading up to the crime of this case, the motive and background leading up to the crime of this case, the defendant’s age before and after the crime of this case, the defendant’s occupation and conduct, family relation, occupation, and other circumstances revealed in the record.

3. Conclusion.

유사 판례

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