(영문) 인천지방법원 2015.05.15 2015노6 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2015.05.15 2015노6

상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 600,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment and fine of 600,000 won, confiscation) is too unreasonable.

2. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

The following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the first instance court, namely, ① the Defendant was hospitalized in a hospital due to depression, alcohol abuse, mental divided disease, and bipolar disorder from December 2, 2013 to February 17, 2014; ② the Defendant appears to have been in a state of drinking after drinking alcohol at the time of committing the instant crime on September 20, 2014; ③ according to the mental appraisal result with the head of the competent public medical treatment and custody headquarters at the first instance trial, AD shows the status of the Defendant in a state of alcohol dependence; ② the Defendant appears to have been in a state of mental disorder at the time of committing the instant crime; ② the Defendant appears to have been in a state of mental disorder at the time of committing the instant crime; and ③ according to the mental appraisal result with regard to the head of the competent public medical treatment and custody headquarters at the time of the instant crime; the Defendant appears to have been in an unstable state of mental disorder at the time of committing the instant crime; and the Defendant appears to have been in a state of mental disorder or alcohol influence at the same time.

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

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: "Defendants" in the first sentence of "2014 Highest 6970" in the judgment below.

참조조문

-형사소송법 제364조 제2항

유사 판례

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-대전지방법원 2017.11.23 2017노1800

-부산고등법원 2017.07.19 2017노258

-부산고등법원 2014.03.27 2013노675