(영문) 청주지방법원 2019.06.21 2018노1163 | 리걸엔진

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(영문) 청주지방법원 2019.06.21 2018노1163

폭력행위등처벌에관한법률위반(공동재물손괴등)등

Text

1. The part of the judgment of the court below regarding Defendant B shall be reversed.

Defendant

B shall be punished by a fine of 8,000,000 won.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. Under the influence of alcohol at the time of the instant crime, the Defendants were in a state that they lack the ability to discern things or make decisions.

B. Of the sentencing division, the sentence imposed by the lower court on the Defendants (two years of the suspended sentence of ten months, the community service order of 160 hours, Defendant B: the suspended sentence of six months, and the community service order of 120 hours) is too unreasonable.

2. According to the record of judgment on the claim of mental disability, the defendants can be found to have been under the influence of alcohol at the time of committing the instant crime.

However, in full view of the background and method of the crime, the contents of the crime, and the conduct before and after the crime, the Defendants do not seem to have reached the crime under the lack of the ability to discern things or make decisions.

Therefore, we cannot accept this part of the Defendants’ assertion.

3. Judgment on the assertion of unfair sentencing

A. It is more favorable for Defendant A to recognize and reflect all of the crimes, the victim E, H, and M does not want to be punished by Defendant A, and the fact that Defendant A committed contingent crimes under the influence of alcohol.

However, the crime of this case was committed with obstruction of the performance of official duties by damaging the knife of vehicles and restaurants parked without any particular reason, obstructing restaurant business by force, obstructing the business of the restaurant business by force, and in addition, the police officers dispatched to the crime of obstruction of the performance of official duties by hand, in light of the background of the crime, frequency of the crime, etc., the crime is not good, and the defendant A had a record of being punished by a fine of one million won due to the crime of injury in 2013, etc.

In full view of the above circumstances and other circumstances revealed in Defendant A’s age, character and conduct, family relationship, environment, etc., Defendant A’s punishment exceeds the scope of reasonable discretion.

유사 판례

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