(영문) 수원지방법원 2015.04.09 2015노930 | 리걸엔진

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(영문) 수원지방법원 2015.04.09 2015노930

폭력행위등처벌에관한법률위반(상습상해)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant and his defense counsel

A. The Defendant, at the time of committing the instant crime, was in a state of phishing, loss of, or mental and physical disability by drinking 18 sicknesss much more than that of a usual food, and drinking breath, and was in a state of mental and physical disability at the time of committing the instant crime, the lower court erred.

B. In light of the fact that the Defendant commits the instant crime by drinking alcohol and contingently, the degree of damage is not relatively more severe, and the damage recovery was made, the lower court’s sentence that sentenced one year and six months of imprisonment is too unreasonable.

2. Determination

A. In full view of the following: (a) the process leading to the instant crime, the means and method of the commission of the crime, the Defendant’s act before and after the commission of the crime; and (b) the circumstances after the commission of the crime acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mental and physical disorder, it is not deemed that the Defendant was aware of drinking at the time of the commission of the crime, but has a lack or weak ability to discern things

Therefore, the judgment of the court below that did not apply Article 10(1) and (2) of the Criminal Act cannot be deemed to have erred that affected the conclusion of the judgment in violation of the statutes on the grounds for statutory exemption from liability. Therefore, this part of

B. The instant criminal facts of this case, on the assertion of unfair sentencing, constitute Article 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act, and thus, are punished by imprisonment with prison labor for not less than three years but not more than 30 years. In light of the circumstances alleged by the Defendant, etc., the lower court sentenced a small reduction of the amount of imprisonment with prison labor for not less than one year and six months, which is the lowest sentence that may be sentenced, and the Defendant’s criminal records, etc. are not subject to any other legal mitigation, and thus, sentenced to a minor sentence than

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제3호

-형법 제10조 제1항

-형법 제257조 제1항

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