logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.04.18 2013노2626
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant suffered from mental illness, and at the time of each of the instant crimes, was in a state of mental disorder or mental disorder.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of the judgment on the assertion of mental and physical disorder, prior to each of the crimes in this case, the defendant showed that the remaining and cognitive ability was deteriorated at the time when the defendant received medical treatment at the AI hospital in South Yangyang-ju before each of the crimes in this case. At the time of receiving the mental diagnosis and treatment by the government AJ Hospital after each of the crimes in this case, it is recognized that the symptoms, such as impulses, apprehensions, and difficulties in emotional distress, have been observed, but the doctor of the Government AJ Hospital who provided interview and treatment with the defendant does not lack the ability of the defendant to make decisions, and in full view of various circumstances, such as the circumstance leading up to each of the crimes in this case, the method and mode of the crimes in this case, and the contents of the defendant's statement after being investigated by the investigative agency, it is not deemed that the defendant had no or weak ability to discern things due to symptoms prior to each of the crimes in this case, and therefore, this part of the defendant's assertion in this case is without merit.

B. In full view of all the circumstances, including the Defendant’s age, character and conduct, environment, developments leading to the instant crime, and details leading to the instant crime, and circumstances after the crime, etc., the lower court’s sentence cannot be deemed to be excessively unreasonable, and thus, the Defendant’s allegation is without merit.

3. In conclusion, the defendant's appeal is without merit.

arrow