(영문) 부산지방법원 2015.11.12 2015노2529 | 리걸엔진

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(영문) 부산지방법원 2015.11.12 2015노2529

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was drunk and was in a state of mental disability.

B. The lower court’s sentencing (one year and six months of imprisonment and two years of suspended execution) is too unreasonable even if it is not so unreasonable.

2. Determination

A. According to the records of this case as to the claim of mental disability, it is recognized that the defendant was in a state of drinking at the time of the crime of this case.

However, in full view of the following: (a) the Defendant did not seem to have had the ability to discern things or make decisions due to drinking at the time of the instant crime; (b) the amount of drinking alcohol, the background and method of the instant crime, the means and method thereof, and the Defendant’s speech and attitude before and after the instant crime; and (c) accordingly, the Defendant’s assertion on this part is rejected.

B. The court below's decision on the assertion of unfair sentencing is that the defendant recognized the crime of this case and reflects his mistake, that the victim was the defendant's wife, that there was a family member to support the defendant, that there was no previous criminal history, etc., in light of the circumstances favorable to the defendant. However, the crime of this case is not less than that of inflicting bodily injury by assaulting the victim due to an empty beer who is dangerous to the defendant. The statutory punishment for the crime of this case is a limited term of not less than three years, and the court below sentenced the minimum sentence to be mitigated by considering the above circumstances favorable to the defendant, and comprehensively considering all other circumstances, such as the defendant's age, environment, occupation, family relationship, circumstances leading to the crime of this case, and circumstances after the crime, etc., the court below's punishment is not unfair.

3. As the appeal by the defendant is groundless, Article 364 of the Criminal Procedure Act is not reasonable.

참조조문

-형사소송법 제364조

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