(영문) 인천지방법원 2017.11.17 2017노2713 | 리걸엔진

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자간(%)

(영문) 인천지방법원 2017.11.17 2017노2713

폭행

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence should be mitigated inasmuch as the Defendant, at the time of committing the instant crime, was physically and mentally weak due to depression, disorder in labor adjustment, etc.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. The Defendant’s judgment on the assertion of mental and physical weakness is recognized as having received medical treatment, such as depression, etc. at the time of the instant crime, but, in light of the background leading up to the instant crime, victim’s statement, etc., the Defendant did not have the ability to discern things or make decisions due to the symptoms at the time of the instant crime.

Therefore, this part of the defendant's assertion is rejected.

3. The fact that the defendant recognized substitute facts for the judgment of the unfair sentencing, the fact that the degree of violence does not seem to be severe, etc. is advantageous to the defendant, or that there are a considerable number of criminal records and convictions, including the same kind of crime committed by several times, and that the defendant again committed the crime of this case without being well aware of it, and that there is no agreement with the victim or no recovery from damage, in light of the place of the crime of this case and the circumstances leading up to the crime, and that the nature of the crime does not be somewhat weak in light of the defendant's age, sex, sex, environment, motive, means and method of the crime of this case, and other various circumstances that form the elements of sentencing as shown in the records and arguments of this case, such as the defendant's age, sex, environment, motive, means and method of the crime of this case, etc., the defendant'

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

유사 판례

-서울남부지방법원 2018.10.11 2018노225

-수원지방법원 2016.03.11 2015노7076

-창원지방법원 2017.07.13 2017노1283

-수원지방법원 2018.08.31 2018노3773

-제주지방법원 2017.03.16 2017노9