(영문) 수원지방법원 2012.10.19 2012노3640 | 리걸엔진

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자간(%)

(영문) 수원지방법원 2012.10.19 2012노3640

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. The Defendant had no or weak ability to discern things or make decisions under the influence of alcohol at the time of committing the instant bodily injury.

B. The lower court’s imprisonment (one year and six months of imprisonment) against the Defendant is too unreasonable.

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, the Defendant consistently and made a statement to the effect that the Defendant had been engaged in drinking from the preceding day to the trial, and that the Defendant had been suffering from alcohol addiction several times, and the Defendant’s history and process of treating the victim by alcohol addiction, and the Defendant’s speech and behavior before and after the instant crime was committed, it is recognized that the Defendant had a weak ability to discern things or make decisions under the influence of alcohol at the time of the instant crime, and that this constitutes the requisite mitigation of punishment under Article 10(2) and (1) of the Criminal Act.

The judgment of the court below which neglected this was no longer maintained.

3. In conclusion, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act on the ground of ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts constituting an offense and the evidence admitted by the court are as follows: (a) the summary of the facts constituting an offense in the judgment of the court below is as stated in each corresponding column of the judgment below, except for the addition of “a state in which the defendant is under influence of alcohol and lacks the ability to discern things or make decisions” as stated in the first sentence of the facts constituting an offense in the judgment of the court below, and thus, it is cited as it is in accordance with Article 369

Application of Statutes

1. Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act concerning a crime, and Article 257(1)1 of the Criminal Act.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

유사 판례

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