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(영문) 수원지방법원 2017.08.11 2017노2385
상해
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. The summary of the grounds for appeal 1) Defendant (1) had mental and physical weakness by drinking alcohol at the time of committing the crime indicated in the judgment of the first instance court.

(2) The 1st sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

2) The lower court’s sentence 2 (2.5 million won) of the Prosecutor’s 2 is too unhued and unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

The court held that each appeal case against the judgment of the court below was consolidated and tried, and that among the judgment of the court below, each of the offenses against the Defendants is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be sentenced pursuant to Article 38(1) of the Criminal Act

Therefore, all of the judgment of the court below can not escape from reversal.

However, although there are reasons for reversal of authority above, the defendant's argument of mental disorder is still subject to the judgment of this court, and this is examined.

3. According to the records of this case’s determination as to the assertion of mental disorder, the Defendant was under the influence of alcohol at the time of committing the crime as stated in the judgment of the court of first instance, but in light of the circumstance leading to the crime, the method and method of committing the crime, and the circumstances after committing the crime, etc., the Defendant was in a state that the Defendant

It does not seem that it does not appear.

Therefore, this part of the defendant's argument is without merit.

4. The judgment of the court below is reversed ex officio in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below on the ground that there is a ground for reversal ex officio as above, and the judgment below is reversed ex officio in accordance with Article 364(2) of the Criminal Procedure Act without all of the judgment of the court below of first instance as to the defendant's unfair argument

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below. Thus, Article 369 of the Criminal Procedure Act is applicable.

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