(영문) 부산지방법원 2014.10.16 2014노2520 | 리걸엔진

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(영문) 부산지방법원 2014.10.16 2014노2520

소방기본법위반등

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 suffering suffering from a mental disorder, too much.

B. The lower court’s sentence of unreasonable sentencing (fine 4 million won) is too unreasonable.

2. Determination

A. The defendant's assertion of mental disability is recognized as having drinking alcohol at the time of the crime, but it does not seem that the defendant lacks the ability to discern things or make decisions. Thus, the defendant's assertion of mental disability is rejected.

B. The judgment of the court below on the assertion of unfair sentencing is contrary to the defendant's assertion of unfair sentencing, and there are some other circumstances that may be taken into account in light of the circumstances favorable to the defendant, as well as the situation where the defendant was under the influence of alcohol and caused conflicts with the first responder in the process of filing a petition against the defendant A, who was under the influence of alcohol, and thus, there are some circumstances to take into account the circumstances. However, considering that the defendant did not have been punished for two times of violence and obstruction of performance of official duties, despite the fact that the defendant had been punished for two times of violence, and did not have been during the period of suspension of execution, and the risk of repeating a crime is very heavy, and there is no concern about the defendant's attempt to commit a crime against a fire-fighting officer who has yet been under the influence of alcohol, and there is no change of circumstances that may be special consideration in the sentencing after the sentence of the court below, and there are other various circumstances that are the conditions for sentencing specified in this case, such as the motive and circumstances of the crime, the defendant's age, character

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

참조조문

-형사소송법 제364조 제4항

유사 판례

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