(영문) 대전지방법원 2013.03.28 2013노47 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2013.03.28 2013노47

재물손괴등

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

At the time of each of the crimes in this case with mental disorder, the defendant was under the influence of alcohol and was suffering from stimulative disorder, so the defendant was in the state of mental disorder or mental disorder.

The sentence of the lower court’s sentencing (eight months of imprisonment) is too unreasonable.

Judgment

According to the evidence duly admitted and examined by the lower court regarding the assertion of mental disorder, the Defendant was at the time of each of the instant crimes, including the following: (a) the Defendant was suffering from pulmatic disorder around September 3, 2008 and around October 3, 2012; (b) and (c) the Defendant was at the time of committing each of the crimes listed in Articles 1 and 1 of the Criminal Act as indicated in the lower judgment; (c) but (d) the Defendant did not have the ability to discern things or make decisions at the time of each of the instant crimes in light of all the circumstances, including the circumstances leading up to each of the instant crimes; (b) the specific details of the relevant crimes; (c) the means and methods of, and the circumstances after, the instant crimes.

Since it seems that the defendant was in a state or weak condition, the above assertion by the defendant is without merit.

It is recognized that the defendant's each agreement with the victim D and J on the argument of unfair sentencing is recognized that he/she confessions and reflects each other's crime except for the part concerning the above argument of unfair sentencing.

However, in full view of all the sentencing conditions, including the Defendant’s age, character and conduct, environment, circumstances after the crime, and risk of recidivism, the lower court’s punishment is deemed reasonable and is deemed unreasonable, and therefore, the Defendant’s assertion is without merit. In so doing, it is not reasonable to deem that the Defendant’s punishment is unreasonable.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit.

참조조문

-형사소송법 제364조 제4항

유사 판례

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