(영문) 춘천지방법원 강릉지원 2015.11.05 2015노475

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(영문) 춘천지방법원 강릉지원 2015.11.05 2015노475

폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (non-incompetent of mental disability and unreasonable sentencing)

A. The Defendant was suffering from mental illness at the time of each of the instant crimes, and was under the influence of alcohol, and thus was in a state of mental disability.

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

2. Determination

A. Although the judgment on the claim of mental suffering is based on the fact that the defendant had been hospitalized in the past under the name of sick person such as Maternal fluoral disorder and bipolartic disorder, and even shows symptoms of such mental illness, it is recognized that the defendant had the ability to discern things or make decisions due to mental illness or drinking, in light of the circumstances leading to each of the crimes in this case, and the circumstance before and after the crime, etc., it cannot be recognized that the defendant had the ability to discern things or make decisions.

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

B. There are favorable circumstances, such as the fact that the Defendant received hospitalized treatment as a mental illness and appears to have symptoms of mental illness even at present, and the mother of the Defendant, the victim, is the victim’s wife.

However, in full view of the following facts: (a) the Defendant was sentenced to a suspended sentence on April 9, 2014 for the crime of injury and obstruction of performance of official duties, and was sentenced to a suspended sentence on June 15, 2015, and was sentenced to a fine on the crime of property damage on June 15, 2015; and (b) the Defendant committed each of the instant crimes; (c) the Defendant was punished on several occasions of violent crimes; and (d) the Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and consequence of the instant crime; and (e) various sentencing conditions indicated in the instant case, such as the circumstances before and after the instant crime, the lower

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

3. As such, the defendant's appeal is without merit, and Article 364 (4) of the Criminal Procedure Act is not reasonable.

참조조문

-형사소송법 제364조 제4항

유사 판례

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