(영문) 수원지방법원 2017.10.20 2017노5738 | 리걸엔진

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(영문) 수원지방법원 2017.10.20 2017노5738

특수상해등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed each of the instant crimes under the condition of physical and mental loss or mental weakness by drinking mental disorder.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical disorder, even though the Defendant was aware of drinking alcohol at the time of each of the instant crimes, in light of the background leading up to the instant crime, the means and method of the crime, and the Defendant’s speech and behavior before and after the instant crime, the Defendant was under the influence of alcohol and was in a state of having lost or weak ability to discern things or make decisions

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

B. The fact that the defendant's judgment on the unfair argument of sentencing is divided and reflected his mistake, and that there is no record of punishment exceeding the fine due to the same kind of crime is favorable to the defendant.

On the other hand, the defendant has been punished for the same kind of crime several times, and the defendant inflicted an injury on the victim E by carrying dangerous articles, and again inflicted an injury on the victim F who has resisted it. The nature of the crime is not good, and the fact that it has not been agreed with the victims or has not been recovered from the damage is disadvantageous to the defendant.

In addition, when considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, motive for the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable.

The above assertion by the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

유사 판례

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