(영문) 수원지방법원 2015.07.23 2014노6745 | 리걸엔진

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(영문) 수원지방법원 2015.07.23 2014노6745

경범죄처벌법위반

Text

The defendant's appeal is dismissed.

All the costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disorder or mental disability.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. The Defendant’s assertion of mental disorder cannot be deemed to have been in a state that the Defendant had no or weak ability to distinguish things or make decisions, in light of the background and method of the crime, and the circumstances before and after the crime, etc., even though the Defendant had drinking alcohol at the time of the crime in this case. Thus, the above assertion by

B. As to the assertion of unfair sentencing, the Defendant has a majority of the records of criminal punishment, including imprisonment, by committing an offense of obstruction of performance of official duties, and there is a history of punishment, such as suspension of execution, etc., by making a false report to the police station, which is an investigative agency, and thereby undermining the effectiveness of the proper execution of official duties, etc., and the Defendant does not attend the trial process of the lower court after filing a request for formal trial against the summary order of this case, and the Defendant is not present at the trial process of the lower court, and it is difficult to see that his mistake is divided into or against the Defendant’s appeal, including the Defendant’s age, environment, personality and conduct, even after filing an appeal. In full view of all the sentencing conditions including the Defendant’s age

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit, and is dismissed in accordance with Article 191 (1), Article 190 (1) and the main sentence of Article 186 (1) of the Criminal Procedure Act on the ground that the defendant bears the costs of lawsuit at the original court

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