(영문) 서울남부지방법원 2018.04.05 2017노2710

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(영문) 서울남부지방법원 2018.04.05 2017노2710

특수상해

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 was in a state of mental and physical loss or mental weakness due to drinking.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. In full view of the background leading up to the instant crime, the means and method of the crime, the Defendant’s act before and after the crime, the circumstances after the crime, and the Defendant’s reputation amount, etc. acknowledged by the evidence duly admitted and examined by the lower court as to the assertion of mental and physical disorder, even though it is recognized that the Defendant had a considerable number of drinking at the time of the instant crime, but has lost or weak ability to discern things or make decisions.

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

B. We examine the unfair argument of sentencing: (a) the defendant has no record of criminal punishment; and (b) the superior position due to the crime of this case is not relatively heavy; (c) the crime of this case is deemed to be less severe; (d) the crime of this case is a case at which the victim's shoulder and face are prices; (e) the crime of this case does not reach an agreement with the victim; (e) the court below appears to have determined the punishment by taking into account all favorable circumstances for the defendant; and (e) other various conditions of sentencing as shown in pleadings, such as the defendant's age, sex, sex, environment, motive, means and consequence of the crime; and (e) there are no other reasons for mitigation, it is deemed that the court below's punishment is too excessive and unfair. Thus, the above assertion by the defendant is not reasonable.

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.

유사 판례

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