(영문) 수원지방법원 2019.05.30 2019노1675 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2019.05.30 2019노1675

특수협박등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) When committing the instant crime, the Defendant was under the influence of alcohol at the time of the instant crime, and was in the state of mental disorder or mental and physical disability. 2) The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s assertion of cardio-psychological disorder, it is not deemed that the Defendant was in a state of lack or weak ability to distinguish things or make decisions due to drinking, in light of various circumstances, such as the background of the instant crime, the means and method of the crime, and the Defendant’s act before and after the instant crime.

Therefore, the defendant's mental disorder is not accepted.

B. We also examine the Defendant and the prosecutor’s allegation on the allegation of unfair sentencing by the Defendant and prosecutor.

The crime of this case was committed by the Defendant by intrusion upon the victim’s residence and threatening the victim. The crime of this case was committed with very poor quality in light of the method and content of the crime, and the victim seems to have satisfed a large fear. On December 12, 2018, the Defendant was sentenced to imprisonment with prison labor for 9 months, 2 years of suspended execution, and 3 years of suspended execution, which became final and conclusive on December 12, 2018, and committed the crime of this case even though the judgment became final and conclusive during the period of suspended execution, and the fact that the victim was not satisfed by the victim until now is disadvantageous.

On the other hand, there are favorable circumstances such as the fact that the defendant confessions as a substitute for the crime of this case and reflects his mistake, and that the crime of this case appears to have been committed somewhat contingent under the influence of alcohol.

The above circumstances, equity in sentencing with the same or similar incidents, and other defendants.

유사 판례

-수원지방법원 2019.01.23 2018노6827

-광주고등법원 2015.03.26 2015노10

-부산고등법원 (창원) 2020.06.10 2020노28

-의정부지방법원 2019.07.12 2019노1102

-대구지방법원 2015.01.22 2014노4376