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(영문) 부산지방법원 2018.01.19 2017노3931
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 two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts, mental or physical weakness, and improper sentencing);

A. The Defendant did not commit each of the crimes of assault and duties as stated in the judgment below.

B. At the time of the instant case, the Defendant was in a state that the Defendant lacks the ability to discern things or make decisions.

(c)

The sentence of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of misunderstanding of facts (in particular, witness E, F, and G’s legal statements), the defendant assaulted victim E and F and obstructed G restaurant business as stated in the judgment of the court below.

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

B. According to the record as to the assertion of mental and physical weakness, even though the defendant was found to have been in the main state at the time of the instant case, the defendant was in a state that the defendant lacks the ability to discern things or make decisions, considering the circumstances, means, methods, and actions before and after each of the instant crimes.

does not appear.

Therefore, the defendant's mental and physical weak argument is without merit.

(c)

With respect to the illegal argument of sentencing, the defendant's act of assaulting customers in the restaurant without any justifiable reason, obstructing the business of the defendant, and furthermore, the police officer dispatched to the police is not less vulnerable to violence.

Although the defendant was partially wrong, there was no measure to recover damage.

However, the defendant does not have a criminal record exceeding a fine, and it seems that he/she has an opportunity to reflect by living in prison for three months.

Damage from interference with business is not significant, G is not punishable, G is not punishable, and there are family members to support the defendant's health is not good.

In addition, in full view of various circumstances, including the defendant's age, sex, environment, motive, means, and consequence of the crime, the sentence of the court below seems to be somewhat unreasonable, and thus, the sentencing of the defendant is unfair.

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