(영문) 부산지방법원 2017.09.22 2017노2748 | 리걸엔진

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(영문) 부산지방법원 2017.09.22 2017노2748

폭력행위등처벌에관한법률위반(공동폭행)

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was in a state of mental and physical loss or mental weakness by drinking while committing the instant crime.

2) The punishment sentenced by the lower court (an amount of four million won) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. According to the records on the Defendant’s assertion of mental and physical disorder, even though the Defendant was found to have dice to a certain degree at the time of committing the instant crime, in light of the Defendant’s reputation, the process and process of committing the instant crime, the means and method, and the Defendant’s behavior before and after committing the instant crime, the Defendant was in a state of lack or weak ability to discern things at the time of committing the instant crime.

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

B. In addition, it is recognized that the Defendant committed the instant crime without being aware of the period of repeated crime due to the same kind of crime, and at the same time, the Defendant committed the instant crime without being aware of the period of repeated crime due to the same crime.

However, considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is deemed appropriate, and it does not seem to be unfair because it is too heavy or too unreasonable, in light of the following factors: (a) the Defendant’s confession of the crime; (b) the agreement with the victim; and (c) the case where the judgment becomes final and conclusive at the same time; and (d) the Defendant’s age, sexual conduct, environment; and (b) the motive, means and consequence of the instant crime; and (c)

Therefore, each of the above arguments by the defendant and the prosecutor is without merit.

3. Conclusion.

유사 판례

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