(영문) 인천지방법원 2015.10.30 2015노3004 | 리걸엔진

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(영문) 인천지방법원 2015.10.30 2015노3004

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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 the instant case, and was acting in the state of alcohol dementia, and was in the state of mental and physical disorder.

B. The sentence of imprisonment (ten months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. According to the evidence duly admitted and examined by the court below regarding the assertion of mental disorder, it is difficult to accept this part of the defendant's assertion, since the defendant's ability to discern things or make decisions due to alcohol dementia at the time of committing the crime of this case is not deemed to have been lacking in the ability to discern things or make decisions, in full view of the defendant's attitude and behavior before and after committing the crime.

3. In full view of the favorable circumstances, such as the fact that the defendant recognized the crime of this case and against the judgment on the assertion of unfair sentencing, that the victim does not want punishment against the defendant, and that the victim could have been tried simultaneously with the crime of assault for which the judgment became final and conclusive, the court below appears to have determined the sentence against the defendant, taking into account all the favorable circumstances, and there is no special circumstance or circumstance that may be newly considered in sentencing after the judgment of the court below, and other circumstances that include the defendant’s character and behavior, environment, relationship with the victim, degree of injury to the victim, motive, means and consequence of the crime of this case, the motive and means of the crime of this case, and the circumstances after the crime, and all other circumstances that form the conditions of the argument and the sentencing

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

참조조문

-형사소송법 제364조 제4항

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