logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2020.09.15 2020노2255
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. When each of the crimes of this case was committed, the Defendant should be mitigated due to the fact that there was a lack of ability to discern things or make decisions due to mental disorder such as dementia, etc.

Nevertheless, the judgment of the court below which did not reduce the defendant's liability is erroneous by misapprehending the legal principles.

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

2. Determination

A. As to the assertion of misunderstanding of facts or misapprehension of legal principles, the Defendant received medical treatment due to a recurrence of depression, early September 2019, from March 2015 to September 2019.

However, in light of the Defendant’s speech and behavior at the time of each of the instant crimes, the motive of the crime, and the details of the crime, it is difficult to find that the Defendant had a weak ability to discern things or make decisions due to mental or physical disorder.

This part of the Defendant’s argument is difficult to accept.

B. As to the assertion on unfair sentencing, the lower court, under favorable circumstances in view of the fact that the Defendant was trying to commit a crime late at the latest, and that there was a record of being punished as property damage and violent crime several times prior to the instant case, and continued to repeat the instant crime during the period of repeated crime due to the same kind of crime, even though he was given a prior notice of a fine for the crime of interference with business on December 2019, and again committed each of the instant crimes again, and did not receive a letter from the victims, and that some of the victims were punished for a severe punishment against the Defendant.

The defendant's age, character and conduct, environment, motive for committing a crime, means and result of a crime, etc. favorable or unfavorable to the defendant's deceased person, and other circumstances after committing a crime.

arrow