logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2017.10.13 2017노998
경범죄처벌법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical loss or mental weakness at the time of committing each of the instant crimes.

B. The sentence sentenced by the lower court to the Defendant (the penalty of KRW 900,000) is too unreasonable.

2. Determination

A. According to the records of this case as to the assertion of mental and physical disorder, it is recognized that the defendant was receiving medical treatment due to alcohol dependence and serious degree of injury, and that the defendant was in an unstable state, such as attempted suicide. However, considering such circumstances, considering the circumstances, it is not deemed that the defendant did not have reached a state where the defendant's ability to discern things or make decisions at the time of committing the crime of this case was lost or weak. Accordingly, this part of the defendant's assertion is without merit.

B. The following: (a) the Defendant appears to have committed a crime in favor of the Defendant by recognizing that he/she committed a crime; (b) the Defendant’s attitude to reflect his/her mistake was favorable to the Defendant; (c) the Defendant’s false report, such as the instant crime, was wasteed in unnecessary places to prevent human resources and equipment from being posted in a timely place in need of the exercise of police power; and (d) the risk that may lead to a large crime or disaster; (c) the Defendant’s false report was wasted by the police power; and (d) the Defendant committed the instant crime again during the period of suspension of execution for which the sentence became final and conclusive on January 24, 2015, by being sentenced to three years of a suspended sentence of imprisonment for a crime of intrusion upon residence at the Ulsan District Court on January 16, 2015.

Various circumstances, such as the above-mentioned favorable circumstances and unfavorable circumstances, such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, are the conditions for sentencing as shown in the pleadings.

arrow