logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.02.07 2019노4726
특수폭행등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for seven months;

Reasons

1. The summary of the grounds for appeal was under the influence of alcohol at the time of the instant case and was in a state of mental disability or mental disability.

On the other hand, the punishment sentenced by the court below (eight months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the defectiveness, the circumstance or process of the instant crime, and the Defendant’s conduct before and after the instant crime, etc., it does not seem that the Defendant had a mental disorder leading to the mental disorder or mental disorder at the time of the instant case.

B. It is recognized that the Defendant committed the instant crime during the period of repeated crime due to assault, etc., and that there was a criminal conviction who was sentenced once to a punishment due to assault, etc., and that there was a criminal conviction who was sentenced 12 times to a total of 12 times of punishment including two times of punishment due to a crime

However, it is also recognized that the Defendant recognized all of the instant crimes and reflected against the Defendant, agreed with the victim D at the lower court, that the Defendant agreed with the victim G in the trial, and that the Defendant’s mother wanted to have the Defendant’s wife.

In addition, considering the various circumstances, such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and result of the crime, the sentence imposed by the court below is somewhat inappropriate.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act (a point of special violence), Article 260 (1) of the Criminal Act ( point of violence), and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes.

arrow