logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.11.17 2016노1034
특수상해
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, was in a state of having weak ability to discern things or make decisions due to drinking, and the instant punishment should be mitigated.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is recognized that the defendant had dice a considerable amount of alcohol at the time of the crime of this case, but in light of the defendant's speech and behavior at the time of the crime of this case, the circumstances of the crime of this case and the circumstances after the crime, etc., it is not recognized that the defendant at the time was in

Therefore, the defendant's mental disorder is without merit.

B. The instant case on the assertion of unfair sentencing is recognized as having inflicted an injury on the victim, such as two scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopics, etc.

However, in full view of the following factors: (a) the Defendant is against the Defendant; (b) the Defendant paid KRW 10 million to the victim for the recovery of damage in the course of the trial; and (c) the Defendant’s age, character and conduct, environment, the background and consequence of the instant crime; and (d) the circumstances after the instant crime, etc., the lower court’s punishment is deemed unreasonable and thus, the Defendant’s assertion of unfair sentencing is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

[Discied Judgment] Criminal facts and the summary of evidence recognized by the court.

arrow