(영문) 수원지방법원 2016.10.19 2016노5597 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2016.10.19 2016노5597

상해

Text

All appeals filed by the defendant and prosecutor are dismissed.

An application filed by an applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was under the influence of alcohol at the time of the instant crime, and was in the state of mental and physical disability. 2) The lower court’s sentence of unfair sentencing (two months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. Determination

A. According to the records on the Defendant’s claim of mental disability, even though the Defendant was aware that he had drinking alcohol at the time of the instant crime, in light of the background leading up to the Defendant’s crime, method of the crime, the time of the crime, and the circumstances thereafter, it does not seem that the Defendant had the ability to discern things or make decisions due to drinking alcohol at the time of the instant crime.

Therefore, the defendant's argument of mental disability is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing by each of the Defendant and the prosecutor is a repeated offense period due to fraud, but the Defendant had serious injury on the method requiring approximately eight weeks medical treatment in consideration of the victim, and thus, the nature of the offense is not weak.

On the other hand, the defendant reflects on the crime.

No person other than the above fraud shall have any other criminal records.

In addition, comprehensively taking into account the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence of the lower court is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unreasonable sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal filed by the defendant and the prosecutor are without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the scope of the defendant's liability for compensation is not clear, and the application by the applicant for compensation is identical to the application

참조조문

-소송촉진 등에 관한 특례법 제32조 제1항

-형사소송법 제364조 제4항

유사 판례

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