(영문) 의정부지방법원 2016.01.28 2015노3240

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(영문) 의정부지방법원 2016.01.28 2015노3240

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was under the influence of alcohol and had no or weak ability to discern things and make decisions.

B. The sentence of the lower court (the imprisonment of six months, the fine of five hundred thousand won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, it is recognized that the defendant had drinking alcohol at the time of the crime of this case, but in light of the circumstances leading to the crime of this case, the method and method of the crime, and the circumstances after the crime, etc., it cannot be deemed that the defendant did not have or lacks the ability to discern things or make decisions. Thus, the above assertion by the defendant is without merit.

B. Determination 1 on the wrongful argument of sentencing ) The fact that the Defendant is against all the criminal acts partially denied at the lower court, and that the damage caused by each of the instant criminal acts is significant.

It is recognized that there can not be an agreement with the injured victim, and that there is an agreement with the injured victim.

2) However, the Defendant committed each of the instant crimes under the influence of criminal punishment on several occasions for identical violent crimes (one time of suspended execution and 15 times of fines), despite the fact that most of the previous crimes were committed by drinking, and thus, is highly likely to repeat the crime; there is no special circumstance or change of circumstances that may be newly considered for the Defendant after the lower judgment was rendered; and other all of the sentencing conditions specified in the instant pleadings, including the Defendant’s age, sex, family environment, motive and background of the crime, degree of damage, and circumstances before and after the crime, shall not be deemed to be unduly unfair.

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

3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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