(영문) 부산지방법원 2012.11.16 2012노2980 | 리걸엔진

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(영문) 부산지방법원 2012.11.16 2012노2980

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The mental and physical disorder had been treated for a long time due to alcohol dependence, and was in the state of mental disorder or mental and physical disability by drinking alcohol at the time of the instant crime, and even though this was the reason for exemption or mitigation of punishment, the lower court neglected this. In so doing, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The sentence of imprisonment (one year and six months) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, the defendant has been hospitalized several times from around 2005 to alcohol dependence, and the defendant has been aware that he had a certain degree of alcohol prior to each of the crimes of this case, but in light of the circumstances revealed in the arguments of this case, such as the background leading to each of the crimes of this case, the method of crime, and the situation before and after the crime, the defendant did not have the ability to discern things or make decisions due to alcohol dependence and alcohol dependence at the time of each of the crimes of this case.

The defendant's assertion in this part is without merit, since it cannot be seen to be in a state or weak condition.

B. Although there are no circumstances to consider the allegation of unfair sentencing, such as the following: (a) the Defendant was aware of all the criminal facts of the instant case and made a statement that the mistake was unfolded in depth; and (b) the victims of the instant injury and damage to property have reached an agreement with the victims of the crime of causing property damage, and thus the said victims want to take the Defendant’s wife. However, prior to each of the instant crimes, the Defendant has already been committed several times due to the violation of the Punishment of Violences, etc. Act (collective injury), the violation of the Punishment of Violences, etc. Act (collective injury, deadly weapons, etc.), and the violation of the Punishment of Violences, etc. Act

참조조문

-폭력행위 등 처벌에 관한 법률

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