(영문) 대전지방법원 2019.10.04 2019노1070 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2019.10.04 2019노1070

모욕

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for four months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The summary of the grounds for appeal: The lower court’s sentence (a fine of KRW 300,000) is too unhued and unreasonable.

2. The lower court recognized that the Defendant was under the influence of alcohol so as to have lost the ability to discern things or make decisions, and accordingly, rendered statutory mitigation under Article 10(2) of the Criminal Act.

However, according to the evidence duly adopted and examined by the court below, the defendant's witness of the crime of this case stated in the police investigation that "the defendant provided alcohol to the same person, but did not have personnel status", and the defendant stated in the police investigation that "the defendant was involved in memory of the overall situation at the time of the crime of this case, including the reason why he was on board a taxi and the place of boarding a taxi, and who was the person who was on duty to pay a taxi fee." In full view of the circumstances revealed by the evidence of this case, the defendant did not appear to have the ability to distinguish things and make decisions due to his state at the time of the crime of this case, and the defendant's actions before and after the crime of this case.

Therefore, the court below erred in the misapprehension of legal principles as to the recognition of mental and physical state and the application of statutory mitigation, which affected the conclusion of the judgment.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's argument of unfair sentencing, and the judgment below is again decided as follows.

[Discied Reasons for the Judgment] The criminal facts and the summary of evidence recognized by the court below are to delete the part of "under the influence of alcohol, under the influence of alcohol, while lacking the ability to discern things or make decisions."

참조조문

-형법 제10조 제2항

-형사소송법 제364조 제2항

유사 판례

-대구고등법원 2012.10.18 2012노358

-대구고등법원 2012.12.27 2012노698

-대전지방법원 2019.11.28 2019노2363

-서울중앙지방법원 2020.03.09 2019노3767

-부산고등법원 2017.01.18 2016노702