(영문) 대구지방법원 2014.06.26 2014노1033 | 리걸엔진

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(영문) 대구지방법원 2014.06.26 2014노1033

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.

Daegu District Public Prosecutor's Branch Office in 2014.

Reasons

1. Summary of grounds for appeal;

A. When committing the instant crime, the Defendant was drunk at the time of the instant crime and was in a state of mental disability, but did not reduce the punishment in consideration of this, the lower court erred by misapprehending the legal doctrine on mental disability, thereby affecting the conclusion of the judgment.

B. In light of the fact that the defendant is against unreasonable sentencing, the punishment imposed by the court below on the defendant (two years of imprisonment and confiscation) is too unreasonable.

2. Determination

A. In full view of various circumstances, such as the background of the instant crime, the means and method of the crime, and the circumstances after the crime, which are acknowledged by the evidence duly adopted and examined by the lower court, the fact that the Defendant was somewhat under the influence of alcohol at the time of the crime is recognized, but it does not seem that the Defendant had the ability to discern things or make decisions, and thus, this part of the Defendant’s assertion is without merit.

B. In light of the background, object, and method of the instant crime, the fact that the crime is not good, the fact that the agreement with the victim was not reached, and the fact that the Defendant was punished for the same type of crime, etc. are disadvantageous to the Defendant.

However, the circumstances favorable to the defendant are that the defendant repents and reflects his mistake, and that the defendant appears to have caused the crime of this case in a psychological unstable state due to his wife's appearance.

In full view of such circumstances, the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable, and thus, this part of the Defendant’s assertion is reasonable.

3. In conclusion, the defendant's appeal is reasonable. Thus, Article 364 (6) of the Criminal Procedure Act is applicable.

참조조문

-형사소송법 제364조 제6항

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