(영문) 대구지방법원 2014.08.08 2014노1817 | 리걸엔진

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(영문) 대구지방법원 2014.08.08 2014노1817

공용물건손상등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant, under the influence of alcohol, has committed a crime of interference with and fraud in March 24, 2014 under the state of mental disability.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is excessively unreasonable.

2. Determination

A. According to the record of the judgment on the claim of mental disability, even though the defendant was found to have been drinking alcohol at the time of committing the crime, in light of the defendant's reputation, the background and process of committing the crime, the means and method, the defendant's behavior before and after committing the crime, etc., it does not seem that the defendant had the weak ability to discern things or make decisions under the influence of alcohol at the time of committing the crime, but even if so, Article 10 (2) of the Criminal Act applies to the defendant's act because the defendant's act constitutes a person who predicted danger and caused a mental disorder by drinking alcohol. Thus, the above argument by the defendant is groundless

B. It is recognized that the defendant's assertion of unfair sentencing is against the defendant's confession of crime.

However, there are a number of criminal records against the Defendant, who was punished due to the crime of interference with business, fraud, etc.; the Defendant is likely to repeat the crime by committing each of the crimes of this case since he was sentenced to punishment for the crime of interference with business and crime of fraud and was released from punishment for the crime of interference with business; it is difficult to deem that the Defendant has made efforts to recover damage up to the trial. In addition, considering the Defendant’s age, character and conduct, environment, motive, means and method of the crime of this case, circumstances after the crime, etc., the lower court’s punishment

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

참조조문

-형법 제10조 제2항

-형사소송법 제364조 제4항

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