logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2019.06.21 2018노923
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disorder or mental disability.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (1.5 million won of a fine) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined as to the assertion of mental and physical disorder, the fact that the Defendant committed the instant crime under the influence of drinking can be recognized.

However, in light of the circumstances leading up to the commission of a crime, the situation before and after the commission of the crime, the attitude and behavior of the defendant, it is difficult to view that the defendant had no or weak ability to discern things at the time of the crime.

Therefore, the defendant's mental disorder cannot be accepted.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). New circumstances or special changes in circumstances that may be reflected in sentencing after the sentence of the lower judgment do not appear.

Defendant is against all criminal acts, and the principle of equity shall be taken into account when judgment is rendered simultaneously with the crime of interference with business, etc. for which judgment has become final.

However, the defendant is insulting to police officers who perform official duties by openly breathing them, and has been punished as a crime of insult of the same kind.

In addition, considering the Defendant’s age, character and conduct, environment, etc. and various conditions of sentencing indicated in the record, it cannot be deemed that the lower court’s punishment is excessively excessive beyond the reasonable limit of discretion.

3. The defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow