logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2013.05.09 2013노200
폭력행위등처벌에관한법률위반(상습존속폭행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) imposed by the lower court is too unreasonable.

2. In light of the fact that the Defendant committed the instant crime against humanity, such as assaulting the Defendant by taking a bath that the Defendant’s mother, without any particular reason, is unable to put his body in his arms, and destroying it by taking the body into the floor, etc., and in addition, taking into account the criminal records subject to punishment several times for the assault case, the Defendant should be punished strictly.

However, the Defendant appears to have committed each of the instant crimes in a state where he lacks decision-making capacity due to sobreath, and the Defendant is detained for six months as a result of the instant crime, and both of his mistake are recognized and reflected, and the mother of the Defendant, the injured party, was aware of the front day of his consciousness and was punished against the Defendant, and was not punished against the Defendant. In full view of various circumstances, taking into account the Defendant’s personality and conduct, motive and means of the Defendant’s criminal act, circumstances after the commission of the crime, and other various circumstances that form the conditions for sentencing as indicated in the records and arguments, and in particular, taking into account the long-term weather and deliberation of the Defendant’s home, the Defendant’s assertion

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2 (1) 2 of the Punishment of Violences, etc. Act, Article 260 (2) of the Criminal Act, and Article 366 of the Criminal Act, all the relevant provisions concerning the crime;

1. Mitigation of mental illness and injury shall be limited to Articles 10(2) and 55(1)3 of the Criminal Act.

arrow