logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2012.11.16 2012노1802
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged mental disorder was under the influence of alcohol at the time of committing the instant crime, and was in the state of mental disability.

B. The lower court’s imprisonment (three years of imprisonment) against the Defendant claiming unreasonable sentencing is too unreasonable.

2. Determination

A. As to the assertion of mental disorder, it is recognized that the Defendant had drinking alcohol at the time of the instant crime.

However, in light of the details and specific method of the instant crime, the Defendant’s speech and attitude before and after the instant crime, etc., it does not seem that the Defendant had a weak state of ability to discern things or make decisions due to drinking at the time of the instant crime, and therefore, the above assertion by the Defendant is without merit.

B. As to the assertion of unfair sentencing, the crime of this case is acknowledged as committing the crime of this case without being aware of the fact that the defendant inflicted an injury on the victim due to sagr and saves, which are dangerous goods, and the nature of the crime is not good. The defendant has the same criminal records of four times of punishment, one time suspension, and fifteen times of punishment, and the defendant committed the crime of this case without being aware of the fact that he committed the crime of this case in the

However, in light of all the sentencing conditions indicated in the records and arguments of this case, such as the fact that the defendant led to the confession and mistake of the crime, the fact that the defendant reached an agreement with the victim at the time of the trial, and the age, character, conduct, occupation and environment of the defendant, motive and circumstance leading to the crime of this case, and the circumstances after the crime, etc., the court below's punishment is somewhat inappropriate, and thus, the defendant's above assertion is reasonable.

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

Criminal facts

The summary of the judgment of the court below is as shown in each corresponding column of the Criminal Procedure Act, and it is as it is in accordance with Article 369 of the Criminal Procedure Act.

arrow