2012No1012 Bodily Injury

This** (63***** -1), daily workers.

Housing Eunpyeong-gu Seoul

Defendant

The successor (prosecutions) and the number of days of appointment (public trial)

Attorney Kim Dong-young (Korean National Assembly Line)

Seoul Western District Court Decision 2012Ma1543 Decided September 7, 2012

November 19, 2012

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

To order the accused to take 40 hours of alcohol treatment lectures.

1. Summary of grounds for appeal (non-incompetent of mental disability and unreasonable sentencing)

At the time of the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disability. The punishment sentenced by the lower court (no. 10 months of imprisonment) is too unreasonable.

2. Determination;

A. Determination as to the claim of mental disability

According to the records of this case, even though the defendant was in a drunken state at the time of each of the crimes of this case, in light of various circumstances, such as the background, means, and the previous and subsequent actions of the crime of this case, it cannot be seen that the defendant had the ability to discern things or make decisions at the time of each of the crimes of this case. Thus, the defendant's assertion of mental disorder is without merit.

B. Determination on the assertion of unfair sentencing

Minging parents have created their own consciousness, and Ringer, a man.

Nevertheless, without any particular reason, the Defendant took a bath that it is difficult for the Defendant to put his parents in prison, and assaulted his parents’ face with drinking, thereby inflicting bodily injury on the parent’s cryp, bones, etc. In addition, the Defendant’s act can not be a vehicle or horse. Furthermore, considering the record that the Defendant was sentenced to a two-year suspended sentence in October as a result of continuing injury in 2007 and the crime of assault in his family, it is necessary to strictly punish the Defendant, however, considering the record of investigation by assault in his family, it appears that the Defendant committed the instant crime by getting divorced from his wife and committing the instant crime by taking account of the circumstances of his birth difficult to exchange and difficult house, and considering that the Defendant’s act was all recognized and against the Defendant’s mistake during a period of three months or more after the sentence of the lower judgment was rendered, the Defendant’s parents, who are the victims, are aware of the front day of his own organ consciousness, and the Defendant’s motive and behavior were not punished against the Defendant.

( 다만 향후 피고인에 대하여 재범의 위험을 방지하고 피고인의 가정의 평안을 위하여 주자 ( 朱子, 朱熹 ) 의 10가지 교훈 중 세가지를 다음과 같이 인용한다 .

- 불효부모 사후회 ( 不孝父母 死後悔 ) 부모에게 효도하지 않으면 돌아가신 뒤에 후회한다 .

- 불친종족 소후회 ( 不親宗族 球後悔 ) 가족에게 친하게 대하지 않으면 멀어진 뒤에 후회한다 .

- 취중망언 성후회 ( 醉中妄言 醒後悔 )

If a speech is under the influence of alcohol, it shall be followed after he / she is faced.)

3. Conclusion

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered

Criminal facts and summary of evidence

The summary of the facts constituting the crime recognized by this court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 257 (2) and (1) of the Criminal Code (Selection of Imprisonment)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Order to attend lectures;

Article 62-2 of the Criminal Act

Judges Lee Sung-chul

Kim Tae-gi

Kim Jin-Jin