(영문) 부산지방법원 2014.04.11 2013노4002 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2014.04.11 2013노4002

상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was drunk and was in a state of mental disability.

B. The sentence of ten-month imprisonment imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the records of this case as to the claim of mental disability, it is recognized that the defendant was in a state of drinking at the time of committing each of the crimes in this case.

However, in full view of the following: (a) the Defendant was unable to discern things or make decisions due to drinking at the time of the instant crime; (b) the amount of drinking alcohol; (c) the background and method of the instant crime; and (d) the Defendant’s speech and attitude before and after the instant crime;

It does not seem that there was any or weak state.

Therefore, the defendant's above assertion is not accepted.

B. It is recognized that the instant crime of this case on the assertion of unfair sentencing was committed by the Defendant without any justifiable reason by assaulting or injuring an unspecified person of old age, and that the case is not less weak, the nature of the crime is not defective, and the Defendant was issued a summary order of KRW 1.5 million due to the same kind of crime before.

However, in full view of the following circumstances: (a) the Defendant is in detention for about seven months due to the instant crime; (b) the Defendant’s mistake is against himself/herself; (c) the Defendant has reached an agreement with H, the injured victim; and (d) the said victim, who expressed his/her wish not to be punished by the Defendant at an investigative agency, directly submitted an agreement to the effect that the said victim does not want to be punished by the Defendant; and (d) other circumstances that form the conditions for sentencing indicated in the record, such as the Defendant’s age, environment, occupation, family relationship, etc

Therefore, the defendant's argument is justified.

3. In conclusion, the defendant's appeal is reasonable, and therefore, it is in accordance with Article 364 (6) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제6항

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