(영문) 대구지방법원 2018.11.08 2018노3378 | 리걸엔진

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(영문) 대구지방법원 2018.11.08 2018노3378

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing each of the instant crimes, the Defendant had a mental and physical weak condition under the influence of alcohol.

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

2. Determination

A. According to the records of this case’s determination on the assertion of mental and physical weakness, it is recognized that the Defendant was under the influence of alcohol, but considering such circumstances, considering the background, means and methods of each of the crimes in this case, the Defendant’s attitude and behavior before and after the crime, and the circumstances after the crime, etc., it does not seem that the Defendant did not have reached a state where the Defendant had the ability to discern things or make decisions at the time of each of the crimes in this case. Accordingly, this part of the Defendant

B. The lower court sentenced the above punishment by taking account of the following circumstances: (a) the Defendant committed the instant crime under consideration of the fact that the Defendant was committed against the time of the instant crime; (b) the Defendant was smoothly agreed with the victim of the crime of interference with business affairs; (c) the Defendant committed the instant crime even though there were many records of punishment for a similar crime; (d) in particular, the Defendant committed the instant crime without being sentenced to a two-year suspended sentence for six months of imprisonment with prison labor; (e) the Defendant committed the instant crime without being sentenced to a two-year suspended sentence for the crime of injury; (e) the crime of injury was not taken from the victim of the crime of injury; and (e) the Defendant committed the crime of injury at the restaurant, and again committed the crime of interference with business again to the restaurant and again committed

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

(b) evaluate; or

유사 판례

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