logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2018.07.25 2018노1752
특수협박
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant, at the time of committing the instant crime, committed each of the instant crimes under the mental or physical loss or mental weakness due to the mental illness at the time of the instant crime, the Defendant cannot be punished, or the sentence against the Defendant should be mitigated.

B. The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the instant case’s assertion of mental and physical disorder, the Defendant is deemed to have been suffering from alcohol dependence, depression, etc., but in full view of the background leading to the instant crime, the means and method of the instant crime, and the circumstances before and after the instant crime, etc., the Defendant had no or weak ability to discern things or make decisions at the time of the instant crime.

shall not be deemed to exist.

Therefore, the defendant's above assertion is without merit.

B. In full view of various sentencing conditions in the records and arguments, including the following: (a) examining the determination of the unfair argument of sentencing; (b) the Defendant committed the instant crime during the period of repeated offense; (c) the same type of punishment was several times; (d) the investigative agency agreed with the victim; and (e) there was no particular change in the sentencing conditions compared with the original judgment; and (e) the Defendant did not seem to have committed an unfair judgment; and (c) therefore, the Defendant

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

arrow