(영문) 청주지방법원 2015.11.27 2015노792 | 리걸엔진

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(영문) 청주지방법원 2015.11.27 2015노792

폭력행위등처벌에관한법률위반(상습폭행)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was under the influence of alcohol and was in a state of mental disorder or mental disability.

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor applied for changes in the contents of "violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)" to "special property damage", "Articles 3 (1), 2 (1) 1, and 366 of the Punishment of Violences, etc. Act" among applicable provisions of law, "Articles 3 (1), 2 (1) 1, and 366 of the Criminal Act" as "Articles 369 (1) and 366 of the Criminal Act", and since the above court permitted this and changed the subject of the judgment, this part of the judgment below

On the other hand, the facts charged in this part of the charges and the remaining facts of the crime (Habitual assault) found guilty are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be sentenced pursuant to Article 38(1) of the Criminal Act.

Ultimately, the judgment of the court below cannot be maintained as it is.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act without examining the defendant's mental and physical disorder and the assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows.

【Judgment of multiple times】 The criminal facts against the defendant recognized by this court and the summary of the evidence thereof are as follows: 1. Violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) is changed to “1. Special Destruction and Damage, etc. of Property” in the facts of the crime, except for the alteration to “1. Special Destruction and Damage, etc. of Property," and therefore, it is identical to the corresponding column of the judgment below.

Application of Statutes

1. Article 369 (1) and (3) of the Criminal Act concerning criminal facts, and the provision of special property and damage:

참조조문

-폭력행위 등 처벌에 관한 법률

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제1호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

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