logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.12.04 2014노5720
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the defendant's assertion of mental disorder, it is found that the defendant had a drinking condition at the time of the crime of this case, but in light of the motive and circumstance of the crime of this case, the process of the crime, and the defendant's speech and behavior immediately after the crime of this case, it cannot be deemed that the defendant has a lack or weak ability to discern things or make decisions. Thus, the defendant's argument of mental disorder is without merit.

B. Determination of the Defendant’s assertion of unfair sentencing is against the Defendant’s wrong recognition of the Defendant’s mistake, the Defendant agreed to the Defendant’s wife, the victim appears to face a very difficult situation in the economic and mental context due to the Defendant’s long-term detention. However, the Defendant’s crime of this case is not very good at the end of the minor trial period, and the Defendant’s crime of this case is likely to inflict a knife and injury on the victim’s head at a long time, and is highly likely to cause more serious harm to the victim. The Defendant was punished for a violation of the Punishment of Violence, etc. Act three times, and the Defendant was punished for a violation of the Punishment of Violences, etc. Act. On August 2012, the Defendant committed the instant crime without being aware of the suspension period, and the sentence of the suspension of the execution was revoked, and the Defendant’s imprisonment was inevitable. The Defendant’s punishment was sentenced due to the revocation of the sentence of the above suspension of sentence against the Defendant, and the circumstances and circumstances of this case’s imprisonment following the maximum mitigation of punishment, etc.

arrow