(영문) 대구지방법원 2014.10.24 2014노2184 | 리걸엔진

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(영문) 대구지방법원 2014.10.24 2014노2184

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The judgment below

The defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol and committed the instant crime in a state of mental disability due to non-accompetence mental disorder.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. The record on the assertion of mental disorder reveals that the Defendant committed the instant crime under the influence of alcohol, and that the Defendant received drug and interview treatment due to repeated depression disorder and non-quality mental disorder from the first day of June 7, 2002 to March 31, 2014, even though it is acknowledged that the Defendant was under the influence of alcohol, in light of all circumstances, such as the Defendant’s average amount of alcohol, the process and process leading up to the commission of the crime, the means and method, and the Defendant’s act before and after the commission of the crime, it is not determined that the Defendant was in a state which lacks the ability to discern things or make decisions due to an inorganic mental disorder at the time of the instant crime.

Even if the Defendant was in such a state under the influence of alcohol, Article 10(2) of the Criminal Act does not apply to the instant act committed by the Defendant on the ground that the Defendant fell under a person who predicted the occurrence of danger and caused mental disorder by drinking alcohol as a person.

Therefore, the defendant's above mental disorder is without merit.

B. As to the assertion on unfair sentencing, the Defendant, as a parking problem, inflicted injury on the victim by over-road, which is a dangerous object from chemicalization, while punishing the victim and Si expenses. In light of the method and method of the crime, injury injury, etc., the Defendant’s liability for the crime is not less exceptionally, and the Defendant’s criminal record of the fine is two times, etc.

However, the defendant led to the confession of the crime, against his/her mistake, did not repeat again while living in prison for about six months, and tried to recover the damage by depositing five million won for the victim.

참조조문

-형법 제10조 제2항

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