(영문) 부산고등법원 2017.01.18 2016노726 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2017.01.18 2016노726

강도상해등

Text

The judgment below

The part of the request for attachment order shall be reversed.

With respect to the person against whom an attachment order is requested, it shall be for a period of ten years.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person who requested the attachment order (hereinafter “Defendant”) were under the influence of alcohol at the time of each of the instant crimes, and the Defendant and the person who requested the attachment order (hereinafter “Defendant”) had weak ability to discern things or make decisions due to the dysia, the stress disorder, and the symptoms of frying, etc.

2) The sentence of the lower court’s unfair sentencing (one-year imprisonment, etc.) is too unreasonable.

3) The order to attach an electronic tracking device, which is improper for the lower court to attach an electronic tracking device, must be revoked or shortened (20 years).

B. The sentence imposed by the Prosecutor is too unhued and unreasonable.

2. Determination on the part of the case of the defendant

A. According to the records on the Defendant’s mental and physical weakness, even though the Defendant was under medical treatment due to depression and stress disorder at the time of each of the instant crimes, considering various circumstances, such as the circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the method of committing each of the instant crimes, the Defendant’s behavior before and after the crime, etc., it cannot be deemed that the Defendant did not have a weak ability to discern things or make decisions.

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

B. As to the wrongful argument of sentencing by the Defendant and the prosecutor, the Defendant is divided into his mistake, and the Defendant appears to have caused the thief and robbery of this case in order to raise an agreement amount due to traffic accidents, and the degree of damage and injury to the victims’ property is not much excessive, and the degree of each indecent act of this case is not much excessive, and there are parts to be considered to have been growing in a somewhat unstable environment.

유사 판례

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