(영문) 서울고등법원 2013.03.28 2013노158 | 리걸엔진

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Reasons

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줄 간격

자간(%)

(영문) 서울고등법원 2013.03.28 2013노158

특정범죄가중처벌등에관한법률위반(보복범죄등)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of alcohol at the time of each of the instant crimes, the Defendant was in a state with weak capacity to discern things or make decisions.

B. In light of the circumstances on the defendant's unfair sentencing, the sentence imposed by the court below (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the records of mental and physical disability, even though the defendant was in a state of drinking alcohol at the time of each of the crimes in this case, it does not seem that the defendant had the ability to discern things or make decisions under the influence of alcohol in light of the circumstances of each of the crimes in this case, the method and content of each of the crimes in this case, and the defendant's behavior and attitude before and after the crimes.

Therefore, the defendant's assertion of mental disability is without merit.

B. In full view of the favorable circumstances, including the fact that the defendant reflects the error of unfair sentencing, the fact that the defendant agreed with the victims, and the fact that some of the crimes of this case were punished for the same kind of crime in the past, the defendant committed a repeated crime period due to the same kind of crime, the defendant continuously interfered with the victim's duties, and further, the victim F has threatened the victim on the ground that he reported this fact to the police, it is unreasonable to view the defendant's age, character, character, environment, environment, family relationship, motive for the crime, means and consequence of the crime, various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, and the recommended sentencing guidelines set by the Sentencing Committee of the Supreme Court, etc., it cannot be deemed unfair to have been too unreasonable

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

참조조문

-형사소송법 제364조 제4항

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