(영문) 서울북부지방법원 2013.11.22 2013노1276

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(영문) 서울북부지방법원 2013.11.22 2013노1276

폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)

Text

The judgment of the court below is reversed.

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

Reasons

1. Summary of grounds for appeal;

A. There is no fact that a mistake of fact-finding defendant made the victim's head D due to a steel leg.

B. The Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime.

C. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. In a mistake of facts, the summary of the facts charged against the victim D is that the defendant injured the victim by putting falbbling the victim's balth and cutting down the balth ground, and as alleged by the defendant, the defendant did not leave the victim on the steel balth, but did not interfere with the victim's balth, as it is merely the circumstance of the crime against E, and it cannot be deemed that there was an error of law that affected the conclusion of the judgment by misunderstanding the facts, and this part of the defendant's argument is without merit.

B. In light of various circumstances indicated in the records, such as the process and process of the instant crime of defectiveness and the Defendant’s act before and after the instant crime, even if the Defendant was under the influence of alcohol at the time of the instant crime, it does not seem that the Defendant did not have any capacity to discern things or make decisions. Therefore, this part of the Defendant’s assertion is without merit.

C. In full view of various circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s allegation in this part is reasonable, given that it is so unreasonable that the Defendant’s punishment imposed by the lower court is too unreasonable, in so doing, considering the following circumstances: (a) the Defendant was under the influence of an unreasonable sentencing; (b) the Defendant did not have any weight on damage; and (c) the victim E appears not to have

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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