(영문) 대구지방법원 2015.01.22 2014노4376 | 리걸엔진

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Reasons

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자간(%)

(영문) 대구지방법원 2015.01.22 2014노4376

상해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 was in the state of mental disorder or mental and physical disability by being drunk at the time of committing the instant crime, but was in the state of mental disorder or mental and physical disability. In light of this, the lower court’s judgment which did not sentence mitigation or innocence was erroneous by misapprehending the legal doctrine on mental and physical disorder, which affected the conclusion of the judgment. (2) The sentence (one year and three months of imprisonment) sentenced by the

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

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 to determine the Defendant’s mental and physical disorder, the fact that the Defendant was under the influence of alcohol at the time of each of the instant crimes is recognized, but there was no ability to discern things or make decisions therefrom.

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

Therefore, the defendant's mental disorder is without merit.

B. We also examine the Defendant and prosecutor’s assertion of unfair sentencing on the grounds of determining unfair sentencing.

The fact that the defendant is divided into and reflected against his mistake, and that the victims agreed with the victims that they were in favor of the defendant, or that there are many criminal records of the same kind of crime to the defendant, and that the defendant again committed the crime of this case during the period of repeated crime is disadvantageous.

In full view of such circumstances, Defendant’s age, character and conduct, intelligence and environment, relationship to victims, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc., the sentence imposed by the lower court is not unfair, and thus, Defendant’s assertion is without merit.

3. Conclusion, the defendant and the prosecutor.

유사 판례

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