logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 2014.09.25 2014노258
강간상해등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

Summary of Grounds for Appeal

The defendant of mental disability and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") are not acceptable by the court below even though they had the weak ability to discern things or make decisions under the influence of alcohol at the time of the crime in this case.

The sentence of unfair sentencing (two years and six months of imprisonment) by the lower court is too unreasonable.

Judgment

According to the records, the court below held that the defendant dices alcohol at the time of the crime of this case.

In light of the records, the court below rejected this part of the defendant's assertion on the ground that it does not appear that the defendant had the ability to discern things or make decisions due to drinking, and even if the defendant had the alcohol and committed the crime of this case, the victim did not feel smell with the defendant at the time of committing the crime of this case, the victim did not wish to correct the victim, and the victim expressed the victim's desire to sing about the correct drinking, and the victim did not have the ability to distinguish things or make decisions from the defendant at the time of committing the crime. In light of the records, the court below's above decision is just and acceptable, and there is no error as alleged by the defendant.

The Defendant seems to have experienced difficulties in adjusting the normal social life by growing up without receiving appropriate education in an infinite family environment, such as suicide, etc. by the mother at the time of carrying out a judgment on the assertion of unfair sentencing.

The Defendant committed the instant crime against the victim, who is going on the way similar to the previous crime, one year after the date on which the execution of the sentence was completed, even though the Defendant was subject to two criminal punishment for the same crime, is deemed to have a serious mental shock and physical suffering caused by the instant crime, and the Defendant is under the influence of alcohol.

arrow