logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2013.04.19 2013노488
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal was in a state of mental disability caused by alcohol addiction at the time of the instant crime, and in light of various circumstances, the punishment sentenced by the court below (ten months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined in the lower court’s determination as to the claim of mental disability, it cannot be deemed that the Defendant, at the time of the instant crime, did not have the ability to discern things or make decisions. Therefore, the above assertion is without merit.

B. It is recognized that the Defendant’s confession of the instant crime and reflects on the allegation of unfair sentencing, and that the occupation is certain and the driving distance of the instant case does not change.

However, in full view of various circumstances, including the defendant's age, character and behavior, environment, family relationship, criminal record relationship, circumstances after the crime, motive and circumstance of the crime, etc., the defendant's punishment imposed by the court below is too unreasonable even if considering all of the circumstances asserted in the grounds of appeal, since the defendant's allegation in the grounds of appeal does not seem to be unreasonable since the defendant's punishment imposed by the court below is too unreasonable. The defendant's assertion is without merit.

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