(영문) 대구지방법원 2014.01.15 2013노3695 | 리걸엔진

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(영문) 대구지방법원 2014.01.15 2013노3695

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant (1) was under the influence of alcohol to the extent that he had no consciousness at the time of the instant facts charged, and thus, the Defendant was in a state of mental disability.

(2) The sentence imposed by the lower court on the Defendant (two years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. In light of the Defendant’s act before and after the instant crime, such as: (a) the Defendant was suffering from a usual alcohol respect certificate; (b) the Defendant was under the influence of alcohol even at the time of the instant charges; (c) the Defendant purchased excess at the nearest miscellaneous point prior to the victim’s injury; (d) the Defendant purchased the victim at night as known to the main owner of the miscellaneous point; and (e) he purchased the victim at night as well as the Defendant’s act, etc. before and after the instant crime, the Defendant’s alcohol did not seem to have reached a state of mental or physical disability due to drinking at the time of the crime; and (e) the Defendant’s aforementioned assertion is without merit.

B. The victim's injury to the defendant and prosecutor's assertion of unfair sentencing was serious, the damage recovery was not performed, the defendant living under the influence of alcohol without any particular reason, and the defendant committed the crime of this case under the influence of alcohol without any specific reason, and the risk of repeating the crime of this case is considerable, such as social or family relation, and disadvantageous circumstances such as the fact that the defendant has a same kind of power, and the defendant led to confession and reflect against the crime of this case. Since he was sentenced in 1 and 32 years since he was sentenced in 199 to imprisonment with prison labor for the crime of attempted fire prevention at around 191, he did not have any other force for about 13 years since he was sentenced to a fine of 50,000 won for the crime of intimidation, and there was no other force for about 13 years since he was sentenced to a fine of 500,000 won for the crime of this case, and the age, character and environment of the defendant, and the motive, circumstances and means of this case.

유사 판례

-서울남부지방법원 2013.11.14 2013노1316

-대구고등법원 2013.11.20 2013노408

-서울고등법원 2013.03.21 2013노306

-부산고등법원 2015.11.04 2015노435

-대구지방법원 2013.03.22 2012노4069