(영문) 춘천지방법원 2018.04.20 2018노38 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2018.04.20 2018노38

재물손괴등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B, at the time of committing the instant crime, was physically and mentally deprived or physically in a state of mental and physical weakness due to the influence of taking friendly drugs and drinking alcohol.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. According to the records of this case as to Defendant B’s assertion of mental disorder, Defendant B had been under medical treatment in the department of mental health at Gangwon-gu University Hospital due to depression, anxiety, etc. at the time of the crime of this case, and seems to have committed the crime of this case under drinking.

However, in light of the circumstances leading to the instant crime, the means and methods of the crime, and the circumstances before and after the instant crime, the fact of recognition alone was in a state that Defendant B had no or weak ability to discern things or make decisions at the time of the instant crime.

There is a lack of view and there is no other evidence to recognize the mental disorder of Defendant B.

Defendant

B We cannot accept the claim of mental or physical weakness B.

B. After the judgment of the court below on the Defendants’ wrongful assertion of sentencing, the Defendants recognized all the facts charged of the instant case including the part on which the Defendants argued in the court below, and against them, the police officers M submitted a written application for punishment against Defendant A.

However, in light of all the circumstances asserted by the Defendants on the grounds of appeal, the lower court’s punishment cannot be deemed unreasonable, even if it is deemed that the circumstances alleged by the Defendants are considered as grounds of appeal.

The defendants' argument of sentencing is not accepted.

3. Conclusion, pursuant to Article 364(4) of the Criminal Procedure Act, all appeals filed by the Defendants are dismissed. It is so decided as per Disposition.

유사 판례

-서울남부지방법원 2017.04.13 2017노285

-수원지방법원 2017.08.11 2017노3888

-서울북부지방법원 2017.09.15 2017노1479

-서울남부지방법원 2017.04.21 2016노1166

-춘천지방법원 2018.03.30 2017노1191