(영문) 춘천지방법원 2016.09.29 2016노385 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 춘천지방법원 2016.09.29 2016노385

공용서류손상

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant committed the instant crime under the mental and physical weakness due to proof of alcohol content.

2) The sentence of the lower court (an amount of KRW 3 million) is too unreasonable.

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

2. Determination

A. According to the record of the judgment on the assertion of mental and physical disorder, the charge of the instant crime may be recognized when the Defendant was detained. However, since the Defendant did not appear to have reached the physical and mental weak condition, the Defendant’s assertion is not accepted (the mental and physical weak condition was found).

Even if the Defendant committed a crime with violent inclination even before the instant crime, it is deemed that the occurrence of danger was predicted and that there was a person’s mental disorder. (b) The conditions of sentencing are not changed compared to the first instance court’s judgment as to the illegal claim of sentencing between the Defendant and the prosecutor, and the sentencing of the first instance court is not exceeded the reasonable scope of discretion, it is reasonable to respect it. Although the first instance judgment is within the reasonable scope of discretion, it is desirable to reverse the first instance judgment and to refrain from imposing a sentence without any difference from the first instance judgment solely on the ground that the sentence is somewhat different from the appellate court’s view (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In accordance with the foregoing legal doctrine, the lower court did not change the conditions of sentencing compared with the original judgment on the grounds that new materials were not submitted in the trial, and all of the reasons recognized by the record are deemed to have been excessive or excessive beyond the reasonable scope of discretion.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, each of them is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

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