logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2014.12.02 2014노473
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of alcohol, the Defendant committed the instant crime in a state of mental disorder or mental disability.

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

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical disorder, the fact that the Defendant was in a state of drinking alcohol at the time of the instant crime is recognized, but did not have the ability to discern things or make decisions, in light of the mode and method of the instant crime, the Defendant’s speech and behavior at the time, etc.

not seem to have existed in or weak condition.

The defendant's above assertion is without merit.

B. The circumstances favorable to the Defendant are that the Defendant’s decision on the assertion of unfair sentencing reflects the Defendant’s depth on the crime, that the Defendant agreed with the victim, that the victim wanted to take the Defendant’s wife against the Defendant, and that the victim did not have any serious injury.

On the other hand, the defendant has been punished several times, including imprisonment with prison labor for the same crime, and has committed another crime without being aware of during the suspension period of the execution of imprisonment with prison labor for the same crime, and the defendant has inflicted bodily injury on the defendant by taking several times the body of the victim's head with the prison code, which is a dangerous object. In light of the background of the crime, the risk of the method of the crime, the result of the crime, etc., it is disadvantageous.

In addition to the above various circumstances, the lower court’s sentence is too unreasonable in light of the following: (a) the Defendant’s age, character and conduct, motive, means and consequence of the instant crime; and (b) other various sentencing conditions indicated in the instant case, including the following circumstances: (c) the Defendant’s age, character and conduct; and (d) the Defendant’s motive and consequence of the instant crime.

3. Thus, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

arrow