logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2013.08.27 2013노228
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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

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

2. Determination

A. According to the judgment and the evidence duly admitted and examined by the court below, the defendant shows symptoms, such as behavioral control disorder and impulse control disorder caused by alcohol addiction, and recognition function disorder. The fact that the defendant was under the influence of drinking alcohol at the time of each of the crimes of this case is deemed to have been under the influence of drinking alcohol, but, in light of the form and method of the crime of this case, there was no ability to discern things or make decisions.

It does not seem that there was any or weak state.

B. The victims of the judgment on the assertion of unfair sentencing are relatively minor, and the victims have not been punished against the Defendant, etc. are favorable circumstances to the Defendant.

However, in full view of all the sentencing conditions, including the fact that the defendant committed the crime of this case again during the suspension period of execution due to the same kind of crime even though the defendant had a significant number of criminal records of violence, the sentence of the court below cannot be deemed to be too unreasonable.

3. In conclusion, the defendant's appeal 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.

arrow