logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.07.23 2015노653
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The judgment below

The crimes of paragraphs 1, 2-A, 2-b, 2-b, and 3-4 of the holding.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts: (a) The Defendant made a 119 report by doing harm to the victim F at the time and place specified in Article 2-A(1) of the judgment of the court below; (b) the Defendant was accompanied by the hospital; (c) the Defendant did not incur injury to the victim F on one occasion by gathering excessive materials, which are dangerous objects; and (d) the victim F made a false statement at an investigative agency by marbing the Defendant’s assault at the court of the court below, but the lower court convicted the Defendant of this part of the charges by misunderstanding of facts.

② The Defendant did not inflict any injury on the Victim F by using a small-scale, excessive, shoulderer beer, kitchen knife, which is a dangerous thing at each time, at each place specified in Article 2-A-2(2) through (4) of the holding of the lower judgment, and the Victim F only inflicted any injury on the Victim F. However, the lower court convicted each of the charges of this part by misunderstanding the facts.

③ The Defendant was guilty of this part of the facts charged on the part of the lower judgment, on the grounds that there was no perception that the Defendant had expressed the attitude that he would inflict any harm on the body of the victim V, etc. of the shoulderer disease under the items of the victim V, by putting the beer disease at the time, place, as stated in paragraph (f) of Article 2 of the lower judgment, and putting the beer disease at the beer’s hand, and putting the beer disease at the beer’s hand, and there was no threat on the victim V.

2) At the time of each of the instant crimes, the Defendant was in a state of mental disorder or mental and physical disorder because of a decrease in his temporary impulse control ability after drinking due to alcohol behavior (a alcohol abuse) at the time of stopping the instant crimes. 3) The respective punishment (one hundred months of imprisonment and one year and six months of imprisonment) sentenced by the lower court on the Defendant is too unreasonable.

B. The above punishment sentenced by the prosecutor by the court below against the defendant is too unhued and unjust.

2. Determination:

arrow