logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.04.06 2016노445
절도등
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 physically and mentally in a state of weakness and exemption.

B. The sentence sentenced by the lower court to the Defendant (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, the defendant was deemed to have been given a prescription for the unexploded medication and anti-complosion system on December 3, 2015, but there is insufficient evidence to acknowledge that the defendant was taking the drug at the time of the instant crime. Even if the defendant took the drug as alleged by the defendant, in light of various circumstances, such as the background and process leading up to the crime, the background and process leading up to the Defendant, the background leading up to the theft of the instant vehicle in the process of the police investigation immediately after the instant crime, or the fact that the defendant stated in detail that he was arrested, there was a lack of ability to discern things or make decisions due to taking drugs

does not appear.

Therefore, this part of the defendant's argument is without merit.

B. There is no change of circumstances that may be considered in sentencing after the judgment of the court below regarding the unfair argument of sentencing, and considering the circumstances asserted by the defendant on the grounds of appeal, even though considering the circumstances asserted by the defendant on the grounds of appeal, the sentence of the court below is too unreasonable.

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

arrow