(영문) 대전지방법원 2017.12.14 2016노3300 | 리걸엔진

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(영문) 대전지방법원 2017.12.14 2016노3300

폭력행위등처벌에관한법률위반(공동상해)등

Text

Of the judgment of the court of first instance, the part against Defendant A, 2, and 3 of the judgment of the court of first instance shall be reversed.

Defendant

A. Imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) The Defendant was in a state of mental and physical loss or mental weakness due to depression at the time of committing the instant crime.

2) The punishment of the lower court (the first instance court: the imprisonment of 10 months, and the second instance court: the imprisonment of 8 months) is too unreasonable.

B. The punishment of the lower court (the second instance court: imprisonment with prison labor for one year and six months, and the third instance court: imprisonment with prison labor for two months) by Defendant AU is too unreasonable.

2. The judgment of the court below ex officio against the Defendants A and AU decided to consolidate each appeal case of the judgment below against the Defendants.

Since each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, the part against Defendant A and the judgment of the court of first instance cannot be maintained in all of the judgment below.

However, the defendant A's argument about mental disorder is still subject to the judgment of this court, and this is examined.

3. According to the records on Defendant A’s assertion of mental and physical disorder, although it is recognized that the Defendant was diagnosed of a yellow disorder with a certificate of fear at the time of the instant crime, considering various circumstances, such as the background leading up to the instant crime, the means and method of the crime, the process of the crime, and the Defendant’s act before and after the instant crime, it is not deemed that the Defendant did not have or lacks the ability to discern things, and thus, the above assertion by the Defendant cannot be accepted.

4. In conclusion, the part of the judgment of the court of first instance against Defendant A, and the judgment of the court of the court below against Defendants 2 and 3 on the grounds that there are grounds for reversal of the above authority. Thus, this part of the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without further proceeding to decide on the unfair argument of sentencing by Defendant A and AU, and the following decision is

Criminal facts

The substance of the evidence and facts charged by the court.

유사 판례

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