logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.01.22 2014노1240
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. While the Defendant was suffering from a mental disorder with the symptoms of ordinary alcohol alcohol, it is difficult to present a unique symptoms to steals another person’s vehicle upon drinking only. At the time of each of the instant crimes, the Defendant was under the influence of alcohol and was in the state of mental disorder or mental disorder due to the influence of the aforementioned mental disease.

B. The sentence imposed by the lower court on the Defendant (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of mental and physical disorder, even though the defendant was found to have committed each of the crimes of this case while drinking alcohol, in light of the circumstances before and after the commission of each of the crimes of this case, the circumstances leading to each of the crimes of this case, the defendant's behavior at the time of committing each of the crimes of this case, etc., the defendant merely appears to have been in a state of drinking alcohol according to his intention because he did not have any suspicion that he want to drink at the time of stopping each of the crimes of this case, and it cannot be deemed that the defendant was in a state that he did not have or weak ability to discern things or make decisions due to drinking or special symptoms of mental illness caused by alcohol related to proof of alcohol existence. Thus, the defendant's mental and physical disorder argument is without merit.

B. Although the defendant's mistake of unfair sentencing is recognized and is against depth and is judged by the second degree of cerebrovascular disorder due to cerebral cerebral macy, and the mental health and living environment is very poor. The victim of the crime of this case and the victim of the crime of this case agreed at the court below that the victim of the crime of this case has already been returned to the victims, but the defendant has already been punished by imprisonment, suspension of execution of imprisonment and fines for the same kind of crime, and the same crime is identical.

arrow