logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2020.01.09 2019노1872
특수폭행등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant with mental disorder was in the state of mental disorder at the time of committing the instant crime. (2) The lower court’s sentence on the Defendant with unfair sentencing is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uncomfortable.

2. Determination on the grounds for appeal

A. In light of the circumstances before and after the instant crime was committed, the background leading to the instant crime, the means and method of the instant crime, the Defendant’s behavior at the time of the instant crime, etc., which could have been known by the record as to the Defendant’s mental and physical disorder, it does not appear that the Defendant did not have or lacks the ability to discern things or make decisions at the time of preventing the instant

Therefore, this part of the defendant's argument is without merit.

B. We examine both the Defendant and prosecutor’s assertion of unfair sentencing on the grounds of unfair sentencing.

The court below determined the defendant's punishment on the grounds of sentencing as stated in its holding, and it does not seem that the court below's punishment is too heavy or unreasonable in light of all the sentencing conditions, including the circumstances stated by the court below and the fact that the victim D with special assault expressed his intention not to be punished by the defendant at an investigation agency.

Therefore, the defendant and prosecutor's argument are without merit.

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

arrow