(영문) 청주지방법원 2013.09.26 2013노643 | 리걸엔진

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(영문) 청주지방법원 2013.09.26 2013노643

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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

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

2. Determination

A. The defendant's judgment on the claim of mental disability is acknowledged to have been drinking at the time of partial crime of this case, but it seems that the defendant could have been aware of the possibility of harm to the victims in case of the withdrawal of alcohol, in light of the circumstance and result of the crime, the defendant's behavior before and after the crime of this case, the circumstances after the crime of this case, and the fact that the defendant who caused conflict with the victims could have been aware of the possibility of harm to the victims. Thus, the defendant's argument is without merit.

B. Although there are circumstances that may be taken into account the circumstances leading to the Defendant’s occurrence of each of the instant crimes, the lower court’s punishment is deemed reasonable and is deemed unreasonable on the grounds that there is no change of circumstances that may reduce the sentence of the Defendant in the trial in light of the Defendant’s age, character and behavior, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, etc., as well as various sentencing conditions specified in the records and arguments, including the following: (a) the number of times of each of the instant crimes was committed; (b) the Defendant did not reach an agreement with the victims up to the trial; and (c) the Defendant had a record of having been sentenced to criminal punishment for the same kind of crime; and (d) the Defendant did not change circumstances unfavorable to the Defendant.

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

However, the judgment of the court below under Article 25 of the Regulation on Criminal Procedure.

참조조문

-형사소송규칙 제25조

-형사소송법 제364조 제4항

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