(영문) 수원지방법원 2018.10.12 2018노4128 | 리걸엔진

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(영문) 수원지방법원 2018.10.12 2018노4128

협박등

Text

The defendant's appeal is dismissed.

Reasons

1. On March 24, 2018, the lower court rendered a judgment dismissing a public prosecution on the charge of assaulting the Defendant on March 24, 2018 among the facts charged in the instant case, and sentenced the remainder of the facts charged. The Defendant appealed on the guilty part, and the part dismissing the prosecution by both the Defendant and the prosecutor was dismissed, and the part dismissing the prosecution was finalized as is.

Therefore, the scope of the trial shall be limited to the guilty part of the judgment below.

2. Summary of reasons for appeal;

A. The Defendant had a mental and physical loss or mental weak condition under the influence of alcohol at the time of committing each of the instant crimes.

B. The punishment of the lower court (one million won of imprisonment with prison labor and one million won of fine) is too unreasonable.

3. Determination

A. According to the records on the assertion of mental disorder, even though the defendant was under the influence of alcohol at the time of each of the crimes in this case, in light of the means and methods of each of the crimes in this case, the defendant did not have the ability to discern things or make decisions at the time of each of the crimes in this case, or did not have the ability to

It does not seem that it does not appear.

Therefore, the defendant's above assertion is without merit.

B. The fact that the defendant recognized his mistake and agreed with the victims of interference with the task is favorable to the defendant.

On the other hand, each of the crimes of this case committed by the defendant under the influence of alcohol by using violence to many victims or destroying property and obstructing their business without any special reason, and the nature of the crime is not good in light of the background, contents, and frequency of the crime, and the defendant has been punished several times, including the punishment for the same kind of crime, and each of the crimes of this case committed during the period of repeated crime is disadvantageous to the defendant.

In addition, the above circumstances and the defendant's age, sex, environment, family relationship, etc.

유사 판례

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