(영문) 서울중앙지방법원 2013.04.25 2013노177

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Reasons

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크기(pt)

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자간(%)

(영문) 서울중앙지방법원 2013.04.25 2013노177

상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower judgment, even though the Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime, was unlawful.

B. The lower court’s sentencing (fine 2.5 million won) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the record as to the assertion of mental disorder, even though the defendant was in a somewhat bad condition at the time of the crime of this case, in light of the circumstances revealed in the records, such as the background leading to the crime, details of the crime, and the defendant's behavior before and after the crime, the defendant lacks the ability to discern things at the time of the crime, and thus, the defendant lacks the ability to decide

This part of the defendant's assertion is rejected, since it is not recognized that the defendant had reached the above status of absence of such ability.

B. A reasonable circumstance is that the Defendant’s mistake is against the Defendant’s depth, agreed with the victim, the degree of injury is relatively minor, and the economic difficulty is very difficult.

However, in full view of the following circumstances: (a) the Defendant committed a very dangerous act, such as gathering the victim’s shouldered illness; (b) a summary order of KRW 3 million was issued; (c) however, the lower court sentenced to a reduction of a fine of KRW 2.5 million by taking account of the circumstances favorable to the Defendant; and (d) there was no change in the circumstances or circumstances that may be newly considered in the sentencing after the lower judgment was rendered; and (e) other various circumstances, which form the conditions for the instant pleadings and the records, such as the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense; and (e) the circumstances after the offense, etc., the sentence of KRW 2.5 million imposed by the lower court is too unreasonable, and thus, the Defendant

3. Thus, the defendant's appeal is without merit.

유사 판례

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