(영문) 수원지방법원 2014.12.30 2014노6280 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2014.12.30 2014노6280

상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal presented the argument about mental disorder in the statement of grounds for appeal, but withdrawn from the date of the first trial of the court below.

The sentence of the lower court (eight months of imprisonment) is too unreasonable.

2. The defendant's crime of this case, under the influence of alcohol, is under the influence of alcohol, that "the defendant committed violence against a police officer who was dispatched to the site after receiving a report that interferes with the performance of official duties and inflicted an injury on him, and that the crime was less severe, and there are many records of punishment due to an act of violence against the defendant. The defendant again committed the crime of this case even though he received a prior notice of suspended execution due to the same crime around August 2007, but again committed the crime of this case. However, it seems that the defendant's mistake was against the defendant, and the damage was minor, and the defendant made efforts to recover the damage, such as deposit of one million won for the victimized police officer at the court below. The defendant submitted a written application to the police officer who was under the influence of the defendant's prior to the trial, and the defendant's defendant was under the influence of the victim's wife and his family, and the defendant's intention to actively endeavor to use the defendant's ability to use his alcohol after the use of alcohol, the defendant's age of this case's imprisonment and circumstances, etc.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted 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 concerning facts constituting an offense;

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

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