(영문) 부산지방법원 2014.09.19 2014노2161 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2014.09.19 2014노2161

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and nine months.

A knife for seized kitchens.

Reasons

1. Summary of grounds for appeal;

A. When the Defendant commits a crime of violation of the Punishment of Violences, etc. Act (a fluorous weapon carrying with a deadly weapon), the Defendant was in the state of mental disorder or mental disorder by taking advantage of alcohol and Metephopopopopon (hereinafter “coponopon”).

B. The sentence imposed by the lower court on the Defendant (three years of imprisonment, etc.) is too unreasonable.

2. Determination

A. According to the record of the judgment on the assertion of mental and physical disorder, it is recognized that the defendant had been at the time of the above crime that the defendant performed a little amount of alcohol at the time of the above crime, and administered a phiphone, but the defendant did not have the ability or ability to make a decision to discern things in light of the circumstances leading to the crime, the method and circumstances at the time of the crime and before and after the crime, the amount of alcohol, etc.

Since it cannot be seen that it has reached a state or weak, this part of the defendant's assertion is without merit.

B. In light of the fact that: (a) the Defendant was punished by imprisonment with prison labor and fines for a crime related to violence, and even for a crime related to narcotics, he/she again commits each of the instant crimes; (b) the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. on July 4, 2013; and (c) each of the instant crimes was committed on January 15, 2014 while the enforcement of the sentence was completed on January 15, 2014; and (d) in the case of a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, Etc.), the victim who was living together with a deadly weapon was inflicted with knife with a knife, which is a deadly weapon, and the degree of injury was serious; and (e) there was a possibility that a higher possibility of

However, the victim is agreed with the victim when the defendant led to the confession of each of the crimes in this case and reflects his mistake.

참조조문

-마약류 관리에 관한 법률

-폭력행위 등 처벌에 관한 법률

유사 판례

-부산지방법원 2014.08.22 2014노1884

-울산지방법원 2015.10.08 2015노563

-창원지방법원 2014.10.10 2014노1821

-대전고등법원 2012.12.05 2012노410

-수원지방법원 2013.07.11 2012노2657