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(영문) 울산지방법원 2016.09.22 2015노866
폭행
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

B. The punishment sentenced by the court below (one million won) is too unreasonable.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

According to the evidence duly adopted and examined by the lower court and the trial court, the Defendant was sentenced to six months of imprisonment (two million won of punishment) by obstructing business operations at the Ulsan District Court on February 18, 2014, and the said judgment became final and conclusive on February 19, 2014, and the Defendant was sentenced to two months of imprisonment and six months of imprisonment by obstructing business operations at the Ulsan District Court on February 4, 2015, and the said judgment became final and conclusive on July 6, 2015.

According to the above facts of recognition, since the crime of the judgment of the court below and each of the above crimes for which judgment of the court below became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, a punishment for the crime of the court below's decision should be imposed in consideration of equity in the case where the judgment is to be rendered at the same time under the main sentence of Article 39 (1) of the Criminal Act,

3. The defendant's assertion of loss of mental or physical harm or mental harm, despite the above reasons for reversal ex officio, is still subject to the judgment of this court. Accordingly, in full view of the evidence duly admitted and examined by the court below, it cannot be seen that the defendant was aware that he had drinking alcohol at the time of the crime of this case, but the defendant did not have the ability to discern things or lacks the ability to discern things. Thus, the above argument cannot be accepted.

4. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the arguments are as follows.

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