(영문) 부산지방법원 2013.05.02 2013노200 | 리걸엔진

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(영문) 부산지방법원 2013.05.02 2013노200

재물손괴등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was under the influence of alcohol and had no or weak ability to discern things and make decisions.

B. The lower court’s sentencing of an unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, even though the defendant was found to drink at the time of the crime of this case, in light of the circumstances leading to the crime of this case, the defendant's attitude before and after the crime of this case, and the speech and behavior, etc., it is not deemed that the defendant had the ability to discern things or make decisions at the time of the crime of this case, and therefore, this part of the defendant'

B. We examine the argument of unfair sentencing, and consider the motive and circumstance of the crime of this case, the circumstance after the crime, the defendant's age, character, environment, family relationship, occupation, etc., and other various circumstances that are conditions for sentencing as shown in the records, such as the defendant's support for children as basic living recipients, not good economic circumstances, such as the defendant's support for the victim, etc., and the defendant seems to have reached an accident of this case in a state of drinking, and the defendant seems to have reached an accident of this case in a state of drinking, and the defendant has no criminal record, and there is no other criminal record, in light of the motive and circumstance of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and behavior, family relationship, etc., as well as the various circumstances that are conditions for sentencing as shown in the records.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

Criminal facts of the defendant and the summary of the evidence recognized by the court, as well as the facts thereof.

참조조문

-형사소송법 제364조 제6항

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