logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.09.18 2015노3034
폭력행위등처벌에관한법률위반(상습폭행)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental suffering suffering from alcohol alcohol.

B. The prosecutor (e.g., imprisonment with labor for six months) sentenced by the court below is too unhued and unfair.

2. Determination

A. In full view of various circumstances, such as the background of the instant crime, the means and method of the instant crime, and the circumstances after the instant crime, which are acknowledged by the evidence duly adopted and examined by the lower court, the fact that the Defendant was somewhat drunk at the time of the instant crime is recognized, but there was no ability to discern things or make a decision therefrom.

It does not seem that there was or was a weak state.

Therefore, this part of the defendant's argument is without merit.

B. The Defendant used violence against women using public transportation without any particular reason to commit the instant crime on the ground of unfair sentencing by the prosecutor, and the nature of such crime is not good, and the Defendant has committed violent crimes against the criminal agents in public places habitually, and even during the period of suspension of execution due to the same kind of crime, there is a possibility of repeating the instant crime, such as committing the instant crime again during the period of suspension of execution, which is disadvantageous to the Defendant.

On the other hand, since the defendant is not judged to the degree of mental disorder but is suffering from alcohol existence, each of the crimes in this case appears to have been committed dynamicly by drinking alcohol due to the above symptoms, and the defendant is in profoundly against his mistake as an elderly citizen.

In full view of the above circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and the sentencing conditions as shown in the instant records and arguments, the sentence imposed by the lower court is too unreasonable to the extent to be reversed.

arrow