(영문) 부산지방법원 2014.05.01 2014노890 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2014.05.01 2014노890

폭행등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental suffering suffering from a mental disorder, too much.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. The defendant's assertion of mental disability is recognized as having drinking alcohol at the time of the crime, but it does not seem that the defendant lacks the ability to discern things or make decisions. Thus, the defendant's assertion of mental disability is rejected.

B. In light of the fact that the Defendant was punished as a violent offender while having many records of being punished as a violent offender, and that there are many times of violence in the same kind of repeated crime, the risk of repeating a crime is likely to be very rough, and that the Defendant’s face or hair is not good for the victim, or uses violence using tools, etc., it is inevitable to sentence the Defendant as a prior sentence.

However, in full view of the facts that each of the crimes of this case was committed by the defendant, and that the degree of damage of the victims is not excessive, that the defendant has led to the confession of all each of the crimes of this case and has been detained for about five months, and that the defendant does not repeat again after drinking, and that the defendant's age, character and behavior, environment, etc., and that the punishment of the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

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

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

유사 판례

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