(영문) 수원지방법원 2019.01.16 2018노7085 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 수원지방법원 2019.01.16 2018노7085

재물손괴등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of this case is found to have been under the influence of alcohol by the Defendant, who suffers from mental illness such as a divesive disorder, etc., without taking drugs, and the Defendant was in the state of mental disorder at the time of the crime of this case.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. On the record of determination of the claim of mental disability, it is difficult to view that the defendant was in a state of lacking ability to discern things or make decisions due to mental disorder at the time of the instant crime, even though he/she is deemed to have been under the influence of alcohol at the time of the instant crime, in light of the circumstances before and after the instant crime, details of the crime, details of the defendant's statement in the investigative agency, etc.

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

B. Although the Defendant’s erroneous determination on the assertion of unfair sentencing is favorable to the Defendant, the fact that the Defendant is against himself/herself while recognizing his/her own mistake, the crime of this case is committed in favor of the Defendant, on the other hand, by exercising time and violence against many people without any reason, and by destroying property, the nature of the crime is not somewhat weak; the Defendant has been punished several times for the same kind of crime; the Defendant committed the crime of this case during the period of repeated offense; the Defendant did not agree with the victims; and the Defendant appears to have failed to recover the damage.

Considering the above circumstances and the Defendant’s age, character and conduct, environment, motive for committing a crime, and circumstances before and after committing a crime, it is difficult to deem that the lower court’s punishment is too unreasonable.

Therefore, this part of the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

참조조문

-형사소송법 제364조

유사 판례

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