logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.10.16 2014노1477
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, under the influence of alcohol, abused and injured the victims while having weak mental and physical strength.

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

2. Determination

A. In light of the background of the instant crime, the means and method of the crime, the Defendant’s behavior committed before and after the crime, and the circumstances after the crime, etc. acknowledged by the evidence duly adopted and examined by the lower court as to the claim of mental disability, the Defendant was suffering from alcohol existence at the time of the instant assault and injury crime, and the fact that the Defendant was under the influence of alcohol was deemed to have no ability to discern things or make decisions.

Since it cannot be seen that it has reached a state or weak, this part of the defendant's assertion is without merit.

B. As to the assertion on unfair sentencing, the fact that there is no good quality of the crime by the Defendant’s use of violence against the victims after theless exploitation and the Defendant’s use of violence, there are many records of punishment for fraud through theless exploitation, and that the Defendant continues to repeat the same kind of crime even though the number of times including four times of punishment, including the punishment, and other factors of punishment as to the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, method and consequence of the instant crime, and the conditions of punishment as shown in the records and arguments, such as the circumstances before and after the instant crime, it is difficult to see that the

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

arrow