logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2014.02.18 2013노2510
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of each of the instant crimes, the Defendant was in the state of mental disorder or mental and physical disability due to mental illness and drinking, such as depression, depression, etc., at the time of each of the instant crimes. 2) The sentencing of the lower court of unfair sentencing (a year and six months of imprisonment and confiscation) is too unreasonable.

B. The lower court’s sentencing is too unfortunate and unreasonable.

2. Determination

A. According to the records on the Defendant’s assertion of mental disorder, the Defendant was receiving medical treatment due to depression, depression, etc., and the Defendant was deemed to have drinking at the time of each of the instant crimes, but in light of the background leading up to each of the instant crimes, the method and method of the crime, the circumstances after the crime, and the Defendant’s speech and behavior, etc., the Defendant did not have the ability to discern things or make decisions due to mental illness and drinking at the time of each of the instant crimes.

Since it seems that the defendant's mental and physical disability cannot be seen as being or weak, the defendant's argument is without merit.

B. We examine the judgment on the assertion of unfair sentencing by the Defendant and the prosecutor, the defendant's acknowledgement of all of the crimes of this case, and reflects his mistake, and the defendant's unilateral agreement with the victims is recognized.

However, the defendant has been punished several times due to violent crimes, etc., and the quality of each of the crimes of this case is not good for the defendant to the victims without any special reason, such as displaying a knife, which is a deadly weapon. The crime of obstruction of performance of official duties is a crime that undermines the function of the State by nullifying the legitimate exercise of public authority, and there is a need for strict punishment. In full view of the defendant's age, character and behavior, environment, motive, means and consequence of each of the crimes of this case, and all of the sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime, it is appropriate to punish the defendant.

arrow