(영문) 서울고등법원 2014.03.14 2014노2 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2014.03.14 2014노2

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability due to excessive drinking at the time of each of the instant crimes.

B. The lower court’s sentence of unfair sentencing (two years of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the court below regarding the remaining crimes except for the "Interference with and Fraud of the duties of August 23, 2013", it is acknowledged that the defendant committed the above crimes under the influence of alcohol at the time of each of the above crimes, but in light of the circumstances and methods of each crime recognized by the evidence, the content, and the defendant's behavior before and after each of the crimes, etc., it cannot be deemed that the defendant did not have reached a state where the defendant lacks the ability to discern things or make decisions at the time of the above crimes. 2) According to the evidence duly adopted and investigated by the court below on the "Interference with the duties and fraud of August 23, 2013" (the police investigation record against the defendant, the statement, receipt, etc. of the victim N's statement, etc.), it is recognized that the defendant committed the above crimes under the influence of alcohol, and that it cannot be said that he was unable to affix his signature and seal even at the time of the investigation by the investigative agency.

However, in accordance with the evidence above, it is recognized that the defendant was arrested as a flagrant offender immediately after the crime was committed and the defendant ordered food without the ability of the investigative agency to pay the food value, and the defendant was aware of the fact that he was investigated into the crime before the crime was committed. In this court, the defendant stated that the crime of the above crimes was memory.

Therefore, even at the time of each of the above crimes, it cannot be deemed that the defendant had the weak ability to discern things or make decisions.

In addition, the defendant's assertion that he was in a state of mental disorder at the time of the above crime.

A defendant. A defendant.

유사 판례

-창원지방법원 2013.10.25 2013노1501

-서울고등법원 2014.11.20 2014노2504

-인천지방법원 2019.01.31 2018노4220

-서울고등법원 2014.07.25 2014노1380

-대전지방법원 2015.04.15 2015노382