logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.04.26 2019노568
퇴거불응등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was suffering from mental illness at the time of the instant crime, and was in a state of mental disability.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court and the trial court regarding the claim of mental disability, the fact that the Defendant was suffering from depression, etc. at the time of the instant crime can be acknowledged. However, in light of the background, means and methods of the instant crime, the Defendant’s behavior before and after the instant crime, circumstances after the instant crime, etc., it cannot be deemed that the Defendant did not have the ability to discern things or make decisions due to mental or physical disorder at the time.

Therefore, the defendant's argument of mental disability is without merit.

B. The lower court sentenced the Defendant to eight months of imprisonment in consideration of the unfavorable circumstances and favorable circumstances.

There is no circumstance that the lower court’s sentencing is deemed to have exceeded the reasonable bounds of discretion, or that it is unreasonable to maintain the sentencing of the lower court as it is, in full view of the following: (a) the conditions of sentencing in the trial; (b) the Defendant has been subject to a suspended sentence of imprisonment for the same kind of crime; and (c) the Defendant repeatedly committed the crime against the same victim during the short period; and (d) the sentencing guidelines are deemed to have exceeded the reasonable bounds of discretion.

In addition, considering the circumstances, age, character and behavior, environment, etc. after the crime of this case, the sentence imposed by the court below is appropriate and too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

arrow