(영문) 부산지방법원 2014.12.29 2014노3914 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2014.12.29 2014노3914

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant was under the influence of alcohol at the time of each of the crimes in this case, he did not reduce the degree of mental disability, the court below erred in misunderstanding of facts or misunderstanding of legal principles as to mental disability.

B. The lower court’s sentence on the assertion of unfair sentencing (two years and six months of imprisonment, and fine of two million won) is too unreasonable.

2. Determination

A. In full view of all the circumstances, including the means and methods of each of the instant crimes, the Defendant’s act before and after the commission of the crime, and the circumstances after the commission of each of the instant crimes, the fact that the Defendant was under the influence of alcohol at the time of the commission of the crime seems to have not been in the state of lacking the ability to discern things or make decisions.

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

B. The Defendant appears to have led to the confession of both each of the instant crimes and the misunderstanding of his own mistake.

However, each of the crimes of this case committed four times of injury and assault, obstruction of performance of official duties and insult, and one time of driver assault, and in light of the frequency of the crimes, the number of victims, and the details of the crimes, etc., the nature of the crimes is very inappropriate. In particular, the Defendant committed each of the crimes of this case again during the period of repeated crime due to the crime of injury, etc., and the victims did not agree with or recover from damage until the trial. In full view of the following factors, the lower court’s punishment is too unreasonable, considering the Defendant’s age, character and conduct, motive for the crime of this case, and circumstances after the crime, etc.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. The appeal by the defendant is without merit and thus, it is in accordance with Article 364(4) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제4항

유사 판례

-부산지방법원 2014.11.27 2014노3613

-부산지방법원 2014.11.27 2014노3658

-서울남부지방법원 2013.10.31 2013노1253

-서울고등법원(춘천) 2020.10.14 2020노129

-부산지방법원 2014.04.10 2014노417