(영문) 서울남부지방법원 2015.04.16 2014노1011

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(영문) 서울남부지방법원 2015.04.16 2014노1011

폭행등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.8 million won.

The defendant did not pay the above fine.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s failure to recognize the Defendant’s mental and physical disorder is unlawful, even though the Defendant was under the influence of alcohol at the time of committing each crime by the lower court, even though the Defendant was unable to discern things or make decisions.

B. Each sentence imposed on the accused (the first instance court: the fine of one million won, the second instance court: the fine of one million won: the fine of one million won) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant ex officio, this Court tried to hold the defendant together with each appeal case against the court below, which is found guilty as follows. Each of the offenses in the decision of the court below against the defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below is no longer maintained.

However, the defendant's argument about mental disorder is still subject to the court's trial.

B. According to the evidence duly admitted and investigated by the lower court regarding the mental and physical assertion, it is recognized that the Defendant was drinking at the time of each of the crimes committed by the lower judgment, but in light of various circumstances, such as the background, process, means and method of the crime, and the Defendant’s speech and behavior before and after the crime, it does not seem that the Defendant had the ability to discern things or make decisions due to drinking.

Therefore, this part of the defendant's argument is without merit.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.

참조조문

-형법 제38조 제1항

-형사소송법 제364조 제2항

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