(영문) 대구고등법원 2014.10.30 2014노374 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구고등법원 2014.10.30 2014노374

강간상해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of committing the instant crime with mental disability, the Defendant was under the influence of alcohol so as to have weak the ability to discern things or make decisions. 2) The lower court’s sentence of unreasonable sentencing (seven years of imprisonment) is too unreasonable.

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

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the defendant's mental suffering claim, the fact that the defendant was in a drunken state at the time of the crime of this case is recognized.

However, in light of the following circumstances acknowledged by each of the above evidence, i.e., the Defendant made a statement of his/her ability to associate with the process of the instant crime and the situation after the instant crime, and the Defendant’s blood alcohol content measured by a drinking measuring machine around 02:10 on February 25, 2014, which was after the instant crime, came to 0.117%, and the Defendant additionally drank 4 diseases from Quno bank after the instant crime, it is deemed insufficient to reach a mental and physical disability even with the blood alcohol content itself at the time of the instant crime. In light of the volume of alcohol at the time of the instant crime, the background of each of the instant crimes, the means and methods of the instant crimes, and the circumstances after the instant crime, etc., it is difficult to view that the Defendant had the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

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

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the instant crime was committed by the Defendant on board a female victim, thereby obstructing the Defendant from resisting the victim’s face, etc. on several occasions by drinkingly assaulting the victim’s face, etc., and forcibly taking property, and causing injury to the victim by engaging in similar rape against the victim, and its nature is very poor.

In addition, the Defendant committed the instant crime.

유사 판례

-울산지방법원 2019.09.05 2019노658

-서울고등법원 2014.07.25 2014노1380

-서울중앙지방법원 2020.08.14 2019노3320

-창원지방법원 2020.09.10 2020노490

-서울고등법원 2014.11.20 2014노2504