(영문) 인천지방법원 2017.03.17 2017노328 | 리걸엔진

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(영문) 인천지방법원 2017.03.17 2017노328

특수폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing each of the instant crimes.

B. The lower court’s sentence (6 months of imprisonment) against an unjust defendant is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, even though the defendant was under the influence of alcohol at the time of each of the crimes in this case, considering the background, process of the crime, the defendant's behavior before and after the crime, etc., it does not seem that the defendant had no or weak ability to discern things, so the defendant's mental disorder argument is without merit.

B. It is recognized that the defendant committed a crime in a somewhat contingent manner with regard to an unfair argument on sentencing, including the fact that the defendant committed a crime under the influence of alcohol, the defendant recognized and reflected all the facts constituting the crime, the defendant is a recipient of basic life with intellectual disability 3 level, the defendant's leakage or desires to leave the place. On the other hand, the defendant was unable to agree with the victims of this case or to recover damage, and the defendant was punished several times for the same crime with the same kind of crime, and he committed each of the crimes again during the period of repeated crime, in light of the criminal records of the defendant, the risk of repeating the crime seems to be high, and the defendant's age, sex and environment, motive, means and result of the crime, and the circumstances after the crime, etc. are considered to be the conditions for sentencing as shown in the records, and there is no reason to assert the defendant's unfair sentencing.

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

유사 판례

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-인천지방법원 2017.02.10 2016노4623

-인천지방법원 2018.02.23 2017노4719

-인천지방법원 2016.08.26 2016노2426

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