logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2021.01.28 2020노3263
공갈등
Text

The judgment of the first instance shall be reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the crime, the Defendant was in a state of having lost or weak capacity to discern things or make decisions.

B. The sentence of the first instance judgment (three years of imprisonment) against the illegal defendant in sentencing is too unreasonable.

2. Determination:

A. According to the record as to the assertion of mental and physical weakness, it is recognized that the Defendant had a considerable amount of alcohol at the time of committing the crime.

However, in light of the circumstances leading up to the crime committed by the defendant, the behavior and attitude of the defendant before and after the crime, etc., it is not determined that the defendant was in a state which lacks the ability to discern things or make decisions due to the state of being committed by the defendant at the time of the crime.

Therefore, this part of the defendant's argument is without merit.

B. It is natural that a sentence of imprisonment with prison labor for a considerable period of time is to be imposed on a defendant, since the major circumstances unfavorable to the defendant are significant, such as the fact that each crime in the judgment is not very good, that the defendant committed each crime in the judgment during the period of repeated crime, that the defendant committed the same crime, that the defendant has the same criminal record, and that the defendant seems to have serious problems

However, due to the aggravation of alcohol dependence symptoms, the defendant has been physically and mentally affected for a considerable period of time, and this seems to have served as a major reason for the defendant to repeat the crime or abnormal behavior.

In the case of a crime that interferes with the performance of special duties in the judgment, the circumstances of the crime are extremely contingent, and it does not cause a serious result that is not consistent with, and in the case of conflict and special assault in the judgment, the degree of damage is very serious.

It is difficult to see it.

In addition, the defendant did not reach each of the crimes in the decision within the short term after the execution of imprisonment is completed.

The defendant will be at risk of being accused.

arrow