(영문) 서울북부지방법원 2020.09.11 2020노748

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2020.09.11 2020노748

상해등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. The lower court dismissed the prosecution as to the Defendant’s assault on December 29, 2019 among the facts charged, and convicted the Defendant of the remainder of the facts charged.

As to this, only the Defendant appealed against the guilty portion of the lower judgment, the dismissal of the public prosecution was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction of the defendant.

2. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a state of mental health and injury.

B. The lower court’s imprisonment (two years of imprisonment) against the Defendant is too unreasonable.

3. Determination

A. In light of the background, means, and method of each of the crimes of this case, the Defendant’s behavior before and after the crime was committed, etc. acknowledged by the evidence duly adopted and examined by the lower court, it is not deemed that the Defendant had the weak ability to discern things or make decisions at the time of each of the crimes of this case.

Therefore, the defendant's argument of mental disability is without merit.

B. Each of the crimes of this case committed without being aware of the Defendant during the period of repeated crime, and the degree of criticism is significant; the Defendant has already been punished for the same kind of crime; and some victims of each of the crimes of this case have not yet received a letter of tolerance or agreed with the victims, etc. are disadvantageous to the Defendant.

However, even though the defendant has reached the judgment of the court, the fact that he committed the crime with respect to the crime partially denied in the court below itself is recognized as a whole, and the defendant has reached the judgment of the court, and the above victim is punished by agreement with the victim of the crime of injury in this case.

유사 판례

-서울북부지방법원 2020.06.05 2020노495

-춘천지방법원 2014.10.29 2014노572

-서울고등법원 2014.05.29 2014노535

-서울남부지방법원 2019.01.17 2018노2190

-대전지방법원 2021.04.07 2021노572