logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.04.26 2018노4672
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. With respect to the misapprehension of the legal principles on the grounds for appeal, and the assertion of mental or physical disorder, the Defendant filed a petition of appeal without stating the grounds for appeal on December 14, 2018, and the Defendant submitted the statement of grounds for appeal on January 9, 2019, which was written within the period for submitting the statement of grounds for appeal, but the gist of “the grounds for appeal” as stated in the same text, “In so doing, the lower court erred by misapprehending the Constitution, Acts, orders, or rules, or by misapprehending the legal principles, which affected the conclusion of the judgment,” and “the instant crime committed by the Defendant was committed in the state of mental or physical disorder (e.g., under the influence of alcohol or mental disorder),” and did not state specific reasons, and did not appear on the date

In so determining, the court below erred by misapprehending the legal principles or by misapprehending the Constitution, laws, orders, and rules, which affected the conclusion of the judgment.

B. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability.

C. The sentence of unfair sentencing (one year of imprisonment, 40 hours of order to complete a sexual assault treatment program, 3 years of order of disclosure notification, 3 years of employment restriction order) is too unreasonable.

2. Determination

A. As to the assertion of misapprehension of the legal principle, the court below convicted the defendant of all the charges of this case in accordance with the evidence in its holding. Examining the above judgment of the court below in comparison with the evidence duly adopted and examined, the judgment of the court below is just, and it did not err by violating the Constitution, laws, orders, or rules, or by misapprehending the legal principles,

Therefore, the defendant's assertion of legal principles is without merit.

B. In light of the background, means, and method of the instant crime, and the conduct before and after the instant crime, etc. acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mental disorder, the Defendant is at the time of the instant crime.

arrow