대구지방법원 2013.09.26 2013노1710



The defendant's appeal is dismissed.


1. Summary of grounds for appeal;

A. Although the Defendant was under the influence of alcohol at the time of committing the instant crime, it is erroneous in the judgment of the court below which did not reduce the punishment, which affected the conclusion of the judgment by misapprehending the legal principles on mental and physical disability.

B. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted by the court below as to the claim of mental disability, the defendant is found to have been under the influence of alcohol at the time of the crime of this case, but it cannot be said that there was no longer the ability to discern things or make decisions. Thus, the above argument by the defendant is without merit.

B. The Defendant’s recognition of the instant crime and reflects on the allegation of unfair sentencing, and the fact that the Defendant did not suffer damage is favorable to the Defendant.

However, in light of the circumstances leading up to the crime of this case, the defendant was not guilty, and the defendant has been punished by a fine or imprisonment with prison labor for the same kind of crime, in particular, even though he was under suspension of execution due to the same crime, he/she did not know, and the victim is seeking punishment for the defendant, etc., which are disadvantageous to the defendant.

In full view of the above-mentioned normal relationship, the age, character and conduct, environment, etc. of the defendant and all the circumstances shown in the arguments, the sentence imposed by the court below cannot be deemed to be unfair because it is too unreasonable.

The defendant's above assertion is without merit.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.