logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2013.03.28 2013노118
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

Summary of Grounds for Appeal

At the time of each of the instant crimes with mental disorder, the Defendant was under the influence of alcohol, and was in a state of mental disorder.

The sentence of the lower court on the grounds of unfair sentencing (ten months of imprisonment) is too unreasonable.

Judgment

According to the evidence duly admitted and examined by the court below, it is recognized that the defendant drinking alcohol at the time of each of the crimes in this case and committed a crime.

However, in light of the circumstances such as the background leading up to each of the instant crimes, the details of the crime, the means and method of the crime, and the circumstances after the crime, the Defendant did not have the ability to discern things or make decisions at the time of each of the instant crimes.

Since it seems that the defendant was in a state or weak condition, the above assertion by the defendant is without merit.

As to the assertion of unfair sentencing, the defendant has a record of having been punished several times including imprisonment with prison labor and suspension of execution due to the same violence crime, damage to public goods, etc., and the fact that the defendant did not compensate the victims of this case for damages up to now is disadvantageous to the defendant.

However, considering the following facts: (a) the Defendant led to each of the crimes in this case; (b) the victim’s damage caused by each of the crimes in this case appears not to be significant; (c) the victim C does not want to be punished against the Defendant; and (d) the Defendant expressed his intent not to repeat the crime by taking account of his children in the trial room (in the original trial, the Defendant did not have been given the opportunity to file a lawsuit against the Defendant because his whereabouts were not known through service by public notice) the lower court’s punishment is somewhat unreasonable and unreasonable, and thus, the Defendant’s above assertion is reasonable.

In conclusion, the judgment of the court below is reasonable, as the defendant's appeal is reasonable.

arrow