(영문) 부산지방법원 2015.12.10 2015노3109 | 리걸엔진

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Reasons

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자간(%)

(영문) 부산지방법원 2015.12.10 2015노3109

상해

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of two million won.

The defendant does not pay a fine.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not spawn with the victim, and instead, the Defendant was bread by withing the Defendant under the influence of alcohol, and the Defendant committed a mistake of facts that found the Defendant guilty of this part of the charges, although there was no injury to the victim, by misunderstanding that there was a mistake of facts that found him guilty of this part of the charges.

B. The Defendant was under the influence of alcohol at that time, and thus was in a state of mental disability.

C. Even if the court below found the defendant guilty, the punishment of the court below (2 million won of fine) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

According to the records, the defendant, on June 25, 2015, was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) at the Busan District Court on August 27, 2015, and the above judgment becomes final and conclusive on August 27, 2015. As such, the crime for which judgment became final and the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and after examining whether to reduce or exempt punishment by taking into account equity and equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. Since the application of the law of the judgment below was omitted, the judgment of the court below

However, the above mistake of facts and the argument of mental disability of the defendant is still subject to the judgment of this court.

B. In light of the following: (a) acknowledged by the evidence duly adopted and investigated by the lower court in determining the assertion of mistake; (b) recognized the fact that the Defendant inflicted bodily injury such as tear, etc. at the time of the victim; and (c) the Defendant’s assertion of mistake of facts is without merit.

(1) A victim D shall be present at the court of the original instance and the defendant is under the influence of alcohol.

참조조문

-폭력행위 등 처벌에 관한 법률

-형법 제39조 제1항

유사 판례

-부산지방법원 2013.11.07 2013노2482

-부산지방법원 2015.11.19 2015노2535

-의정부지방법원 2015.05.12 2014노2825

-부산지방법원 2015.06.04 2014노3964

-대구지방법원 2014.11.20 2014노3003