(영문) 서울서부지방법원 2018.07.19 2018노423

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크기(pt)

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줄 간격

자간(%)

(영문) 서울서부지방법원 2018.07.19 2018노423

특수상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who was aware of the fact or a political party defense, was detained by the victim in order to commit a sexual assault against himself/herself, and the victim gets injured by his/her wife in a passive resistance process.

B. When the Defendant was arrested in a flagrant offender and went to a police station, he is not responsible for the case that occurred due to mental and physical weakness due to the influence of drugs and drinking with public disorder.

(c)

The sentence of the court below (the imprisonment of 6 months and the fine of 300,000 won) against the illegal defendant in sentencing is too unreasonable.

2. Determination

A. A victim of a mistake of facts or a party defense assertion from the investigative agency to the court of the court below’s trial, the victim reported to the police by assaulting the Defendant, such as breathing, and scaming, and prevented the Defendant from escaping in front of the taxi in order to try to flee.

“A consistent and specific statement was made in the situation at the time of the accusation, the F’s statement, the main point of which the instant case occurred, is also consistent with this, and the victim reported damage to the police, and the police confirmed CCTV images installed within the main point at the time when the police called out after receiving the report on the main point at the time, and arrested the Defendant as a flagrant offender, it can be recognized that the Defendant inflicted an injury by attacking the victim under the influence of alcohol, such as the facts charged, and thus, this part of the Defendant’s assertion is rejected.

B. According to the record of determination on the assertion of mental and physical weakness, it is recognized that the Defendant was under the influence of alcohol at the time of each of the instant crimes, but the Defendant’s speech and behavior at the time of each of the instant crimes cannot be deemed to have weak the ability to discern things or make decisions.

Therefore, the defendant's argument about mental and physical weakness is rejected.

(c)

The lower court's judgment on the unfair argument of sentencing shall be on the sentencing of the Defendant.

유사 판례

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