logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2014.12.02 2014노459
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of alcohol, the Defendant committed the instant crime in a state of mental disorder or mental disability.

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

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical disorder, the fact that the Defendant was in a state of drinking alcohol at the time of the instant crime is recognized, but did not have the ability to discern things or make decisions, in light of the mode and method of the instant crime, the Defendant’s speech and behavior at the time, etc.

not seem to have existed in or weak condition.

The defendant's above assertion is without merit.

B. There are extenuating circumstances, such as the fact that the Defendant’s judgment on the assertion of unfair sentencing reflects the crime, the fact that the Defendant drinked alcohol and committed contingent crimes, and the degree of injury suffered by the victim is relatively less severe.

However, the defendant has been punished for the same kind of crime several times, and even if he has already been punished three times during the period of repeated crime and has already been punished three times, he/she again commits the crime of this case, and has not recovered from damage.

In addition to the above various circumstances, comprehensively taking account of the Defendant’s age, character and conduct, motive for the instant crime, means and consequence of the instant crime, etc., the lower court’s punishment cannot be deemed to be too unreasonable, as well as the circumstances after the crime.

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