존속상해,업무방해,협박,모욕
2014No967 Bodily Injury, Occupational Obstruction, Intimidation, Contempt
A
Defendant
Red flag (prosecution), leapna (public trial)
Attorney B (Korean Office)
Chuncheon District Court Branch Decision 2014Gohap835 decided November 4, 2014
February 11, 2015
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
(a) Mental and physical disorder;
At the time of each of the instant crimes, the Defendant had the ability to discern things or make decisions under the influence of alcohol.
B. Unreasonable sentencing
The punishment sentenced by the court below against the defendant (one year and four months of imprisonment) is too unreasonable.
2. Determination
A. Determination as to the claim of mental disability
According to the evidence duly admitted and examined by the court below, even though the defendant was aware of drinking to a certain extent at the time of each of the crimes of this case, considering the circumstances leading to each of the crimes of this case, the method and method of the crime, and the circumstances after the crime, etc., it does not seem that the defendant had the ability to discern things or make a decision by withdrawing alcohol at the time of the crime of this case. Thus, this part of the defendant's assertion is without merit.
B. Determination on the assertion of unfair sentencing
Although each of the crimes of this case was committed on September 7, 201, there is a favorable condition that the defendant recognized each of the crimes of this case, and the victim expressed his intention that he does not want the punishment of the defendant. However, each of the crimes of this case is not less vulnerable to the nature of the crime in light of the form, frequency, interval, etc. of the crime, and it seems that the defendant habitually uses violence to nearby residents who interfere with drinking, and is suffering great pain to the residents. The crime of this case does not reach an agreement with the remaining victims until the trial. The records of punishment for the defendant was included several times, including punishment for the same crime, and the defendant was arrested in the act of crime of this case on September 7, 2014, and was released after investigation, the defendant's assertion that the crime of this case was committed on September 9, 2014, and was committed on September 9, 2014.
3. Conclusion
Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
Maximum paths (Presiding Judge)
Long-term Private Telecommunication
Korean-style houses