(영문) 수원지방법원 2016.03.18 2016노346 | 리걸엔진

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(영문) 수원지방법원 2016.03.18 2016노346

특수폭행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant had weak ability to discern things or make decisions due to mental illness, such as disorder in labor adjustment, etc.

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

2. Determination

A. According to the record of the determination of the assertion of mental disorder, even though the defendant was found to have received a mental diagnosis and counseling treatment at the time of the instant case, it was found that the defendant had no or weak ability to discern things or make decisions.

Therefore, the above argument of the defendant and his defense counsel cannot be accepted.

B. It is recognized that the defendant led to the crime of this case and reflects the mistake, there is no record of criminal punishment for the same kind of crime, the defendant complained of symptoms, such as the disorder of division of labor union, and received mental treatment at the time of this case, and deposited KRW 40,000 for the victim at the court below.

However, even before the crime of this case was committed, the Defendant committed the same victim on May 28, 2015, and was suspended from prosecution on June 26, 2014. The Defendant committed the crime of this case again before the occurrence of the above assault case, and the Defendant committed the crime of this case again before the lapse of one month, and the Defendant cannot be exempted from severe punishment in light of the serious nature of the crime, such as preparing for the crime of this case which is dangerous for the crime of this case in advance and prices the victims present at the court office in order to attend the trial, etc. In addition, considering the Defendant’s age, character and character, intelligence and environment, motive and background of the crime, method, method, and consequence of the crime, circumstances before and after the crime, and criminal records, etc., it is not recognized that the lower court’s punishment is too unfair, and thus, the Defendant and the defense counsel thereof are also unjust.

유사 판례

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