logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
arrow
(영문) 대전지방법원 2015.04.03 2014노3825
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability with mental disorder.

B. Among the criminal facts of this case of excessive defense, the portion of bodily injury carried with a deadly weapon among the criminal facts of this case is to oppose the victim who caused the camping net, and punishment should be reduced or exempted because it constitutes excessive defense.

C. The lower court’s sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the motive and background of each of the instant crimes, the process of the crime, and the Defendant’s speech and behavior immediately after the crime acknowledged by the record as to the assertion of mental and physical disorder, it does not seem that the Defendant, under the influence of alcohol, did not have or lacks the ability to discern things or make decisions.

The defendant's mental disorder is without merit.

B. In full view of the circumstances acknowledged by the record as to the assertion of excessive defense, the type and risk of the dangerous weapons used by the Defendant, the part of the attack, and the result of the crime of this case, the victim H cited the camping net, and the fact that the Defendant did not attack, etc., the Defendant’s act of injury cannot be accepted by social norms beyond the limit of general defense acts, and thus, cannot be deemed to constitute the cause of reduction or exemption of punishment as the excessive defense under Article 21(2) of the Criminal Act.

There is no reason for the defendant's excessive defense.

C. 1) The instant crime is a case where the Defendant detained the victim E and sustained knife with the face of the victim H, and the Defendant severely punished the Defendant due to defective nature of the crime. 2) Meanwhile, the victim E, who was in a relationship with the Defendant, committed the instant crime contingently, and the Defendant agreed to provide the victims with KRW 28 million, and the victims wanted to take the Defendant’s preference.

arrow