(영문) 서울남부지방법원 2014.06.26 2014노131

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(영문) 서울남부지방법원 2014.06.26 2014노131

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below convicted the defendant by misunderstanding the facts, even though the defendant merely harming the victim, and there was no other fact that the victim was injured or the body of the victim was contacted as stated in the facts charged of this case.

B. The Defendant with mental disorder was in a state of weak ability to discern things or make decisions through drinking alcohol at the time of committing the instant crime, and the lower court’s failure to recognize the Defendant’s mental disorder is unlawful.

C. The sentence imposed by the court below on the defendant (the fine of 300,000 won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the court below regarding the assertion of mistake of facts, since it is sufficiently recognized that the defendant committed an assault as stated in the facts charged in this case, the court below's judgment of conviction against the above facts charged is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the defendant and his defense counsel.

B. According to the evidence of the judgment on the assertion of mental disorder, even though the Defendant was in a drunken state at the time of the instant crime, in light of the following circumstances, such as the background, process, means and method of the instant crime, and the Defendant’s speech and behavior before and after the instant crime, it is not deemed that the Defendant had the ability to discern things or make decisions due to drinking.

C. In light of the fact that the Defendant had a history of having been punished several times for the same crime, the lower court determined the sentence by reducing the amount of the initial fine in consideration of the grounds for sentencing alleged by the Defendant, and other various sentencing conditions as shown in the pleadings of the instant case, such as the motive and method of the instant crime, the circumstances after the instant crime, the age and character of the Defendant, etc., the sentence imposed by the lower court

유사 판례

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