(영문) 부산지방법원 2015.12.11 2015노3504 | 리걸엔진

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(영문) 부산지방법원 2015.12.11 2015노3504

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. It was true that the Defendant alleged a mistake of facts caused a beer disease toward the victim H. However, this was caused by a series of violence (injury) committed by the Defendant against the victim H, and the fact that the Defendant incurred beer disease was also collected in the process of spreading the nearby beer regardless of the Defendant’s intent, and immediately, the president of the business owner who was adjacent to the Defendant was deprived of the beer’s disease, and thus, did not display it toward the victim H because the president of the business owner who was adjacent to the Defendant was deprived of it.

Therefore, even though the defendant could not be deemed to have inflicted an injury on the victim H by carrying dangerous articles, the judgment of the court below which found the defendant guilty of violating the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a collective injury with deadly weapons

B. The Defendant, at the time of each of the instant crimes, was in a state of lacking capacity to distinguish things or make decisions under the influence of alcohol at the time of the instant crimes, so legal mitigation should be made. In contrast, the lower court did not recognize the state of mental disability.

C. The sentence of one and a half years of imprisonment imposed by the court below on the defendant is too unreasonable.

2. Determination

A. 1) The lower court’s judgment on the assertion of mistake of facts: (a) while explaining the evidence duly adopted and examined by the lower court, convicted the Defendant of the charge of violating the Punishment of Violences, etc. Act (a collective injury by deadly weapons, etc.) (Article 1 of the original judgment). (b) The summary of this part of the facts charged is around 05:40 on April 15, 2015, the Defendant, at around 05:40 on April 15, 2015, when the victim H and snow in the “G club” in the “G club” located in the Busan East-gu Busan Metropolitan City F, the Defendant saw that the victim H and eye were string; (b) the victim H’s face was taken by head; and (c) beer’s disease, which is a dangerous thing that had been located there.

참조조문

-폭력행위 등 처벌에 관한 법률

유사 판례

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