(영문) 광주지방법원 2015.03.26 2014노3096 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2015.03.26 2014노3096

업무방해등

Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 was under the influence of alcohol at the time of each of the instant crimes, and was in the state of mental disorder or mental and physical disability. 2) The sentence of the lower court on unreasonable sentencing (the first instance judgment: imprisonment with prison labor for one year and two months: imprisonment with prison labor for three months) is too unreasonable.

B. The Prosecutor’s sentence (the first instance judgment: imprisonment with prison labor for one year) of the lower court is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, this Court tried to examine the two cases of appeal by combining the two cases of appeal by the defendant. The crimes of each case deliberated in the trial by the court in question are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be reversed in its entirety.

However, the court below's judgment of the first and second court has the above reasons for ex officio destruction against the defendant.

1. The defendant's assertion of mental disorder in the judgment of the court below 1. 2 is still subject to the judgment of the court, and this is examined.

3. According to the records on the Defendant’s assertion of mental disorder, although the Defendant was deemed to have drinking at the time of each of the instant crimes, in view of the circumstances surrounding each of the instant crimes, the method and method of the crime, and the circumstances after the crime, etc., the Defendant did not have the ability to discern things or make decisions due to drinking at the time of each of the instant crimes.

Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

4. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, and it is again decided as follows after oral argument.

Criminal facts

b) the summary of the evidence and evidence.

참조조문

-형법 제38조 제1항

-형사소송법 제364조 제2항

유사 판례

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