(영문) 서울남부지방법원 2013.06.13 2013노620

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2013.06.13 2013노620

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. The Defendant was in a state of mental disability under the influence of alcohol at the time of each of the instant crimes.

B. The judgment of the court below on unreasonable sentencing (the fine of 1.5 million won) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the records on the determination of mental and physical disability, it is acknowledged that the defendant was under the influence of alcohol at the time of each of the crimes of this case, but in light of the defendant's speech and behavior at the time of the crime of this case, the details and attitude of the defendant who was investigated by the police after the crime of this case, it is not recognized that the defendant had the weak ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case.

B. The Defendant’s judgment on the assertion of unfair sentencing is based on the following factors: (a) the Defendant, with respect to the Defendant’s penal punishment, fluences on the victim’s religious belief; and (b) the instant main points of the instant case led to the instant criminal act; (c) the Defendant did not take any measures to recover from damage; and (d) did not take any measures for the victim; (c) the Defendant did not take any measures for recovery from damage; and (d) the Defendant’s written investigation of the instant case did not engage in a threatening speech to the police officer, such as “he thought that the Defendant is fit”; (d) there was no special change of circumstances or circumstantial factors that may be considered in sentencing; and (e) there was no other special change of circumstances or circumstantial factors that may be considered in the new sentencing after the lower judgment was sentenced; and (e) there is no other reason to believe that the Defendant’s punishment without

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

참조조문

-형사소송법 제364조 제4항

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