logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2020.12.18 2020노1633
특수존속협박등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Reasons

1. Summary of grounds for appeal;

A. The Defendant suffered from mental illness due to the illness of the wife, which lacks the ability to discern things or make decisions at the time of each of the instant crimes.

B. The sentence imposed by the court below on the defendant (six years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the claim of mental retardation, the fact that the Defendant was diagnosed as a cerebrovascular disease in January 2019 and received surgery and hospitalized treatment on two occasions during the period of September 2019 and around February 2019 of the same year is recognized as having been diagnosed as having been conducted on two occasions, and that the Defendant was hospitalized for nine days after being diagnosed as having been conducted on nine days after being diagnosed as “opule, fluor, perford, perford, perford, perfordive disorder” around February 2020.

However, as shown in the above materials, the Defendant’s detailed memory of each of the crimes of intimidation committed in the apartment where the victim E and the victim F resides and the victim’s child abuse committed (Evidence No. 1:258-268 pages of evidence record). The Defendant used the victim’s apartment building in the instant case and testified for the Defendant to be exempted from liability for the crime, such as the fact that there was no actual likelihood of fire-prevention, because there was an oil tank, not oil, in fact, there was an oil tank. In addition, considering the Defendant’s behavior before and after each of the crimes in this case, it is difficult to view that the Defendant had the ability to discern things or make decisions at the time of each of the crimes in this case, taking into account the Defendant’s statement and attitude before and after each of the crimes in this case.

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

B. Each of the instant crimes on the assertion of unfair sentencing is a case involving each of the instant crimes involving the Defendant’s assault, intimidation, or bodily injury on several occasions, and inflicting an injury on the mental health and development of his or her child, and the nature of the relevant crime is very poor.

arrow