(영문) 수원지방법원 2018.05.11 2018노535 | 리걸엔진

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(영문) 수원지방법원 2018.05.11 2018노535

재물손괴

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant with mental and physical weakness was under the influence of alcohol at the time of committing the instant crime.

2) The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. According to the records on the Defendant’s argument of mental and physical weakness, the Defendant was in a state of lacking ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime, taking into account various circumstances such as the background leading up to the instant crime, the means and method of committing the crime, and the Defendant’s testimony to a certain extent.

It is difficult to see it.

Therefore, the defendant's above assertion is without merit.

3. The circumstances favorable to the defendant include: (a) the fact that the defendant recognized the defendant's wrong determination of the sentencing of the defendant and the prosecutor, and the fact that the injured party does not want the punishment of the defendant by the defendant's unanimous agreement with the victim, etc.

Meanwhile, the Defendant committed the instant crime even though he/she was sentenced to a two-year suspended sentence due to the crime of damage to property or injury to the same victim by being sentenced to a two-year suspended sentence due to the crime of damage to property or injury to the same victim, and even if he/she was in the period of the suspended sentence, and the instant crime was committed by destroying the windows, etc. of the damaged person’s house by harming the windows, etc., and the crime is not good in light of the method of the

Considering the above circumstances and the Defendant’s age, sexual conduct, health status, motive for committing a crime, and circumstances after committing a crime, it is difficult to view that the lower court’s punishment is too heavy or unreasonable as it is too heavy in light of the sentencing conditions indicated in the record.

Therefore, the above argument by the defendant and the prosecutor is without merit.

4. In conclusion, the appeal by the defendant and the prosecutor is without merit.

유사 판례

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