(영문) 대전지방법원 2015.05.14 2015노679 | 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) 대전지방법원 2015.05.14 2015노679

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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 sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the claim of mental disability, it is recognized that the defendant had drinking alcohol at the time of each of the crimes of this case, but in light of various circumstances such as the circumstances leading to each of the crimes of this case, the means and method of the crime, the process of the crime, and the defendant's behavior before and after the crime of this case, it is not deemed that the defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of each of the crimes of this case

B. We examine the argument of unfair sentencing, and even though it is recognized that the defendant both recognized the crime of this case and mistakenly divided it, the defendant violated the Punishment of Violences, etc. Act (collectively weapons, etc.) by entering a restaurant of "G" of this case under the influence of alcohol, while the defendant enters the restaurant of "G" of this case, and display the food knife (26.5 mm in total length on the 39cc. m. m. m.) in the kitchen and put the above knife on the victim H (18 years of age) and had the face of the victim. In light of the method of the crime, there is considerable risk in light of the crime, the defendant was punished for the same kind of crime of this case. The defendant does not seem to have made efforts to receive a letter from victims or recover from the damage, and the defendant does not make recommendations to commit the crime of violence (collectively weapons, etc.) in accordance with the sentencing guidelines established by the Supreme Court Decision Committee on Punishment of Violence, etc. of this case.

참조조문

-폭력행위 등 처벌에 관한 법률

유사 판례

-대전지방법원 2015.02.09 2015고단33

-인천지방법원 2015.12.09 2015노4240

-수원지방법원 2013.02.07 2012노5639

-대구지방법원 2015.12.17 2015노4044

-인천지방법원 2015.10.02 2015노2867