(영문) 의정부지방법원 2014.10.10 2014노1219

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2014.10.10 2014노1219

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had no or weak ability to discern things or make decisions under the influence of alcohol at the time of each of the instant crimes.

B. The sentence imposed by the lower court (the first instance judgment: imprisonment with prison labor for 8 months and 2 months: imprisonment with prison labor for 10 months) is too unreasonable.

2. Prior to the judgment on the grounds for appeal ex officio, this Court tried ex officio prior to the judgment on the grounds for appeal of ex officio, and this Court tried by combining these cases with the Defendant’s appeal against each of the judgment below. Each of these crimes committed by the above Defendant constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, should be adjudicated simultaneously pursuant to Article 38 of the Criminal Act and sentenced to a single sentence. In this regard, each of the judgment below

However, despite such reasons for ex officio reversal, the above argument of the defendant's mental disorder is still subject to the judgment of the court.

3. According to the records on the assertion of mental and physical disorder, although the defendant was deemed to have a drinking condition at the time of each of the crimes in this case, in light of the defendant's usual drinking volume, the background leading up to the crime, the means and method of the crime, and the circumstances after the crime, etc., the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime in this case.

Therefore, this part of the defendant's assertion is without merit.

4. As such, the defendant's mental and physical disability argument is without merit, but the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the remaining grounds for appeal of the defendant, and it is again decided as follows.

Criminal facts

The summary of the evidence and facts charged by the court against the defendant and the evidence thereof.

참조조문

-형법 제38조

-형사소송법 제364조 제2항

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