logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2019.08.14 2019노1411
응급의료에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of each of the instant crimes, and was in a state of mental disorder or mental disability.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the assertion of mental disorder, it is found that the defendant was under the influence of alcohol at the time of each of the crimes of this case, but considering the circumstances, method and method of each of the crimes of this case, the defendant's speech and behavior before and after each of the crimes of this case, the court below did not have the ability to discern things or make decisions

not seem to have existed in or weak condition.

Therefore, the defendant's mental disorder is without merit.

B. The Defendant’s decision on the assertion of unfair sentencing is favorable to the Defendant, such as the recognition of the Defendant’s error in its entirety and reflection of depth, and the agreement with the victim of special injury.

However, considering the circumstances and degree of history of each of the crimes in this case, the danger of the criminal attempt used by the defendant is very bad, and in particular, the obstruction of performance of official duties is an offense emphasizing the legal order and public authority of the State, and thus there is a need to strictly cope with it. The defendant has the criminal records of having been punished several times as the same crime, and the defendant has a high possibility of criticism as committing each of the crimes in this case without being aware of the fact that he/she was committed several times even though he/she was under the period of probation, and other circumstances that form the conditions for sentencing as shown in the arguments in this case, such as the defendant's age, character, character, environment, family relationship, motive for the crime, and circumstances after the crime, it cannot be deemed that the court below's punishment is too inappropriate.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3...

arrow