(영문) 수원지방법원 2015.01.29 2014노7248 | 리걸엔진

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(영문) 수원지방법원 2015.01.29 2014노7248

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each of the instant crimes committed by a mentally ill-minded defendant was drunk and committed in a state of mental disability.

B. The lower court’s sentence of unreasonable sentencing (one year, six months of imprisonment, and confiscation) is too unreasonable.

2. Determination

A. As to the defendant's claim of mental suffering from mental illness, the court below judged that the defendant is found to have committed each of the crimes in this case under the influence of alcohol, but it does not seem that the defendant lacks the ability to discern things or make decisions under the influence of alcohol at the time of the crime in light of the process, means and methods of each of the crimes in this case, the defendant's behavior before and after the crime, etc. In other words, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e.,: (a) the defendant has made a significant detailed statement at the investigative agency on the background of the crime in this case, circumstances before and after the crime, etc.; (b) the defendant is not under the influence of alcohol at the police, but under the influence of alcohol. In light of the fact that the defendant has repeatedly stated in the police (35 pages, 102 pages, etc. of the evidence record), the above judgment of the court below is justified, and therefore, the defendant's claim

B. The Defendant appears to have committed each of the instant crimes on a contingent basis upon the victim’s occurrence of assault from the victim, the fact that the Defendant did not impose any damage on each of the instant crimes, and that the Defendant had no other penal force except for two different types of penalties, etc. However, each of the instant crimes committed by the Defendant, on the victim’s residence, fluence of gasoline in the victim’s math, and fluence of the victim’s head found in the Defendant’s residence, following the Defendant’s fluence of tobacco attached thereto.

유사 판례

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