(영문) 부산지방법원 2017.11.23 2017노3837 | 리걸엔진

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Reasons

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줄 간격

자간(%)

(영문) 부산지방법원 2017.11.23 2017노3837

상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant had weak ability to discern things or make decisions under the influence of alcohol.

B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, the record reveals that the court below served a copy of the indictment and a writ of summons by means of serving public notice in accordance with Article 23 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings and served the defendant with a trial in the absence of the defendant, and thereby sentenced eight months to imprisonment. The defendant alleged that he/she was unable to receive a delivery of a copy of the indictment, etc., upon filing a request for recovery of his/her right to appeal, and that he/she was unaware of the fact that the judgment was pronounced. The fact that the decision was made

Thus, there is no reason to return to the court below's failure to attend the trial and there is a reason to request a retrial under Article 23-2 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

Since the judgment of the court below can no longer be maintained.

However, despite the above reasons for reversal in the judgment below, the defendant's mental and physical weakness is still subject to the judgment of this court, and this is examined.

3. According to the evidence duly admitted and examined by the court below, the defendant's assertion of mental and physical weakness is acknowledged as having drinking alcohol at the time of the crime of this case, but in light of the circumstances leading to the crime, the method and method of the crime, and the circumstances after the crime, etc., it does not seem that the defendant's assertion of mental and physical weakness did not change things or lacks the ability to make a decision. Thus, the above assertion by the defendant is without merit

4. Thus, the defendant's mental and physical weakness is not justified, but the judgment of the court below.

유사 판례

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