logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2015.07.01 2014노989
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical disability or mental health disorder.

B. The sentence of unfair sentencing (one year and six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. In full view of the following: (a) acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mental and physical disorder; (b) comprehensively taking account of the background leading up to the instant crime; (c) the means and method of the crime; (d) the Defendant’s act before and after the crime; and (e) the circumstances after the crime, even though the Defendant was found to have a drinking condition, he was unable

Since it seems that the defendant was in a state or weak condition, the above assertion by the defendant is rejected.

B. According to Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, which applies to the instant crime, and Article 257(1) of the Criminal Act, the statutory punishment of this case is the maximum imprisonment of one year and six months, even if the punishment is mitigated by imprisonment for a limited term of not less than three years, considering the motive and background leading up to the instant crime, the situation after the instant crime was committed, the Defendant’s age, character, and environment, which are significant in light of the risk, and the Defendant committed the instant crime during the suspension period of the execution of the instant crime, and the Defendant committed the instant crime during the suspension of the execution of the execution of the instant crime, and the Defendant’s criminal punishment against the Defendant is too unreasonable even if agreed with the victim. Thus, the above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

arrow