(영문) 창원지방법원 2012.12.13 2012노2058 | 리걸엔진

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(영문) 창원지방법원 2012.12.13 2012노2058

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability with mental disorder.

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

2. Determination

A. According to the records on the assertion of mental and physical disorder, even though the defendant was aware that he was drinking at the time of each of the crimes in this case, the defendant was unable to discern things or make decisions due to drinking at the time of each of the crimes in this case, in light of the amount of the defendant's reputation, the background leading up to the crime, the means and method of the crime, and the circumstances after the crime.

Since it seems that the defendant's mental and physical disability cannot be seen as being or weak, the defendant's argument is without merit.

B. We examine the argument of unfair sentencing, even though the defendant is found to have led to the confession of each of the crimes of this case and against his mistake, the defendant is deemed to have the record of punishment several times for the same crime, and even though the judgment was finalized on June 4, 2010, on the grounds of a violation of the Punishment of Violences, etc. Act (a collective crime, deadly weapons, etc.) on May 27, 2010, he again committed the same kind of bodily injury during the period of suspension of execution, even though he was sentenced to three years of suspension of execution on June 4, 2010. The crime of obstruction of performance of official duties is a crime detrimental to the State's function by nullifying the legitimate exercise of public power, and other circumstances that are considered to have the necessity of strict punishment, such as the defendant's age, character, character, and environment, motive, means, method and consequence of the crime, the circumstances before and after the crime, and the criminal records, etc., the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

참조조문

-폭력행위 등 처벌에 관한 법률

-형사소송법 제364조 제4항

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