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(영문) 대전지방법원 2014.10.16 2014노2331
상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

Summary of Grounds for Appeal

The Defendant was under the influence of alcohol at the time of committing each of the instant crimes, and was in a state of mental disability or mental disability.

The sentence of unfair sentencing (one year and six months of imprisonment) by the court below is too unreasonable.

Judgment

According to the records on the assertion of mental disorder, even though the defendant was in a state of drinking alcohol at the time of each of the crimes of this case, in light of the circumstances leading to the crime of this case, the details of the crime, the attitude of the defendant, the circumstances before and after the crime of this case, etc., it is not recognized that the defendant was under the influence of alcohol that he was in a state of lacking or lost the ability

This part of the defendant's assertion is without merit.

The Defendant’s judgment on the assertion of unfair sentencing imposes injury on the victim who passed without any particular reason while drinking alcohol, and committed the instant crime without being aware of the history of criminal punishment due to obstruction of performance of official duties or other similar crimes, such as assaulting the police officers, etc. dispatched after receiving a report and obstructing the performance of their duties. The Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime even though he/she was under suspension of execution of duties due to the same crime.

However, in full view of all the sentencing conditions, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence of the court below is too unreasonable, in light of the following: (a) the Defendant led to the confession of each of the crimes in this case; (b) the Defendant appears to have committed contingent crimes; (c) the injury or damage inflicted by the victims is relatively minor; and

As the defendant's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

Criminal facts against the defendant recognized by this court and summary of the evidence shall fall under each of the judgment below.

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