(영문) 춘천지방법원 2013.09.11 2013노70 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2013.09.11 2013노70

상해등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (six months of imprisonment) is too unhued and unfair.

B. Defendant 1) In the crime of misunderstanding of facts, Paragraph 1 of Article 1 of the Criminal Act suffered injury that the Defendant had the victim C receive, and the victim D suffered from the injury of the fluence. However, at the time, correctional officers are faced with the face and face of the victim C in the process of causing the head and pressure of the defendant by taking the head of the defendant, which is small in the process of causing the head of the defendant. In addition, the victim D's bridge to avoid a group assault.

B) The Defendant under paragraph (3) of the crime was not the victim F’s right arms, but the victim F, who had his arms on the Defendant’s entrance, was asked to her arms, and only the Defendant was faced with the upper wife during the process. The Defendant committed each of the instant crimes under the state of mental disorder, where the Defendant was suffering from mental illness, such as depression and yellow disorder, and where he was suffering from mental disorder, and thus, was unable to properly cover the drug properly, thereby lacking the ability to discern things normally.

3) The lower court’s sentence of unreasonable sentencing (one month of imprisonment is too large and unreasonable).

2. Determination

A. According to the evidence duly admitted and examined by the first instance court and the first instance court as to the Defendant’s assertion of mistake of facts, the Defendant was unable to have avoided any disturbance, such as: (i) the Defendant’s appearance to correctional public officials on May 25, 2012; (ii) the defect that the correctional public officials attempted to take the Defendant’s head at around 09:46 of the same day; (iii) the correctional public officials assigned to the same patrol team including D to control the Defendant; and (iv) the Defendant was forced to take the Defendant on the floor by taking the booming the Defendant on the floor; and (v) the Defendant was forced to take the breath by taking the breath in spite of the removal of correctional public officials.

유사 판례

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-서울동부지방법원 2012.12.27 2012고단2549

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