(영문) 인천지방법원 2015.07.24 2015노1838 | 리걸엔진

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(영문) 인천지방법원 2015.07.24 2015노1838

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant suffered from alcohol addiction and stimulative disorder. At the time of the instant crime, the Defendant was in a state of mental disorder under the influence of alcohol addiction and stimulative disorder.

B. Each sentence (Defendant A: imprisonment with prison labor for 6 months, Defendant B: imprisonment for 4 months, suspension of execution for 2 years, community service work 120 hours) of the lower court on the Defendants is too unreasonable.

2. Comprehensively taking account of the evidence duly adopted and examined by the lower court regarding Defendant A’s claim of mental disability, the fact that the Defendant was hospitalized due to alcohol addiction and stimulative disorder, etc., and the fact that the Defendant was hospitalized with a considerable amount of alcohol at the time of the instant crime is recognized, but considering the Defendant’s attitude and words before and after the instant crime, it cannot be deemed that the Defendant did not have reached a weak state of ability to distinguish things or make decisions. Therefore, this part of the Defendant’s assertion is difficult to accept.

3. Judgment on the assertion of unfair sentencing

A. In full view of the favorable circumstances, including the fact that Defendant A acknowledges and reflects the instant crime, the fact that the Defendant agreed upon with the victims, and that the lower court agreed that the Defendant was sentenced to punishment for the Defendant, and that the Defendant committed the instant crime without being aware of the fact that the Defendant was committed during the period of repeated crime of the same kind, the sentence of punishment against the Defendant is inevitable, and the Defendant’s character and conduct, environment, and motive, means and consequence of the instant crime, and all other circumstances that form the conditions for the pleadings and the sentencing specified in the record, such as the circumstances after the commission of the instant crime, are deemed appropriate.

Therefore, the defendant's assertion of unfair sentencing is without merit.

B. The defendant B recognized the crime of this case and opposed to it is advantageous, but the defendant is a single crime.

유사 판례

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