(영문) 창원지방법원 2014.02.19 2013노2344 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2014.02.19 2013노2344

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state of weak mind and body.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the claim of mental disability, even though the Defendant was in a state of drinking alcohol at the time of the instant crime, it is not deemed that the Defendant had weak ability to discern things or make decisions under the influence of alcohol at the time of the instant crime in light of the circumstances acknowledged by the lower court and the evidence duly adopted and examined by the lower court, the Defendant’s behavior and attitude committed before and after the instant crime.

This part of the defendant's assertion is without merit.

B. There are favorable circumstances for the Defendant, such as the fact that the Defendant’s mistake is against the Defendant’s wrong determination and that the victim seeks the Defendant’s wife by mutual agreement with the victim and the victim.

However, considering the fact that the Defendant was punished for violent crimes several times, the Defendant committed the instant crime during the suspension period of the execution of imprisonment with prison labor for other crimes, which was sentenced to the suspension of the execution of the sentence, and the nature of the instant crime was very poor to commit the instant crime, and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and all of the sentencing conditions indicated in the arguments and records, such as the circumstances after the commission of the crime, it cannot be deemed that the lower court’s punishment is too unreasonable.

This part of the defendant's assertion is without merit.

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

참조조문

-형사소송법 제364조 제4항

유사 판례

-창원지방법원 2013.10.25 2013노1501

-서울고등법원 2014.10.17 2014노2223

-서울고등법원 2013.02.01 2012노3920

-서울고등법원 2015.03.27 2014노3592

-청주지방법원 2014.05.01 2014노71