logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2018.10.30 2018노1469
특수협박등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of committing each of the instant crimes, the Defendant was in a state of mental disorder under the influence of alcohol, taking advantage of the spirit and treatment of depression.

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

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. According to the records of judgment on the defendant's mental disorder argument, it is recognized that the defendant was suffering from depression at the time of each of the crimes of this case, and that he was aware of little alcohol.

However, in light of the developments, means and methods of each of the instant crimes, the behavior of the Defendant after the crime, and the fact that the Defendant stated in a police investigation to some extent at the time of the instant crime, etc., the Defendant, at the time of each of the instant crimes, was in the state of having no or weak ability to discern things or make decisions due to depression, the effect of the therapy, or under the influence of alcohol.

does not appear.

Therefore, the defendant's mental disorder is without merit.

B. Each of the instant crimes committed by the Defendant and the Prosecutor with regard to the wrongful determination of the sentencing of the Defendant was found to be an issue of passage between the neighbor and the vehicle, and the front glass of the car is destroyed by brooms, and the brooms were hacks and knifeed for the reason that brooms were hackscing, and thus, the crime is not good.

In particular, in the case of special intimidation, there is a high possibility of criticism in that the elderly who is mainly physically affected by damage.

Even if the defendant did not make efforts to recover damage, it is disadvantageous to the defendant.

However, all of the crimes of this case are recognized by the defendant, and their errors are divided, and there is no record of criminal punishment exceeding the fine.

Defendant’s special intimidation.

arrow