beta
(영문) 부산고등법원 (창원) 2018.05.30 2017노333

준특수강도등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) The Defendant was in a state of mental and physical weakness or loss due to being drunk at the time of committing a special robbery corresponding to the instant case.

2) The sentence sentenced by the lower court to the Defendant (two years and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the lower court against Defendant B (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Determination on Defendant A’s appeal 1) Defendant A’s assertion on mental and physical disorder is indicated in the “mental and physical disorder” column and “misunderstanding of legal principles” column while submitting a written reason for appeal, and examining the written reason for appeal, the lower judgment’s determination on the ground that Defendant A was not in a state of decilation due to narcotics in driving without a license is erroneous in the misapprehension of legal doctrine.

In addition to the assertion that “the sentencing is somewhat heavy,” the grounds for appeal are stated to the effect that the sentencing is unreasonable.

However, on the second trial date, Defendant A withdraws his assertion of misunderstanding the legal principles on driving without a license.

As the statement was made, only the mental and physical disorder and the wrongful assertion of sentencing should exist on the ground of legitimate appeal filed within the period for submission of the reasons for appeal.

After that, the defense counsel of the defendant A has no intention to acquire unlawful acquisition and to larceny.

“The assertion that it was a ground for appeal, but there was a new assertion of misunderstanding of the legal principles or misunderstanding of new facts since it was not timely filed for the reason of appeal, and the content of the assertion that Defendant A was unable to properly recognize the acquisition of possession of gold gals, which are the damaged goods, since Defendant A was absent from the mental and physical state due to drinking, side effects of narcotics, etc., and thus, it should also be examined to the extent that Defendant A’s mental and physical assertion is strengthened.

Witness

According to the testimony, etc. at the trial of the AI, it is recognized that the defendant dices alcohol before committing the special robbery of the case.

(b).