logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.03.31 2017노264
무고등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the crimes of this case, the Defendant was in a state of mental and physical weakness due to stimulative disorder, apprehension disorder, etc.

Nevertheless, since the court below did not make a decision on the defendant's mental and physical weakness, there is an error of law by misunderstanding facts or misunderstanding legal principles in relation to mental and physical disorder.

B. The punishment sentenced by the lower court (one year and six months of imprisonment and one million won of fine) is too unreasonable.

2. Determination

A. We examine the determination on the assertion of mental and physical weakness. Although it is recognized that the Defendant suffered from mental illness, such as stimulative disorder, unstable disorder, etc. at the time of each of the instant crimes, it does not seem that the Defendant did not have a weak or lost ability to discern things or make decisions at the time of each of the instant crimes, in light of the background, means and methods of each of the instant crimes, and actions before and after the instant crimes.

Therefore, the judgment of the court below that found the Defendant guilty of the facts charged of this case and did not reduce mental and physical weakness is justified.

Therefore, we cannot accept this part of the defendant's assertion.

B. In light of the fact that most victims of the crime of obstruction of duties, assault, intimidation, and special intimidation committed by the defendant with respect to the determination of the unfair argument of sentencing are not guilty of each of the crimes committed by the defendant due to self-employed persons, employees, etc., and the frequency of the crimes committed by the defendant is very large, and most victims did not reach an agreement with the defendant, it is inevitable to sentence sentence of

However, the defendant was under 44 years of age at the time of committing each of the crimes of this case, not only one fine, but also a relatively sincere attitude without any other criminal record, and the defendant was under 1 year and 6 months from the date of committing each of the crimes of this case. The defendant was under 1 year and 6 months from the will of around May 2014.

arrow