(영문) 서울중앙지방법원 2014.01.24 2013노4019

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(영문) 서울중앙지방법원 2014.01.24 2013노4019

모욕등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victim's erroneous determination of facts (as to the destruction of and damage to property) only moved back to the victim because the victim's erroneous misunderstanding of facts (as to the destruction of and damage to property) obstructed the street, and did not add the victim's erroneous urba in this case.

B. In the instant case, the Defendant was in a state of mental disorder or mental disability under the influence of alcohol.

C. The sentence imposed by the lower court on the grounds of unreasonable sentencing (1.5 million won of a fine) is too unreasonable.

2. Determination

A. The victim C made a statement in an investigative agency that “the Defendant was able to take the view of “the Defendant,” and walked with the otobane that was parked, so that the Defendant was balked to the right balk hand and the right knick.” The victim C’s statement is consistent with D’s statement, and the content of the receipt is consistent.

Furthermore, the defendant himself recognized this part of the crime in the court below.

Therefore, according to the evidence duly examined and adopted by the court below, this part of the facts charged is recognized. The judgment of the court below on this part is just, and the defendant's assertion of mistake is without merit

B. According to the records on the argument of mental disorder, even though the defendant was found to have drinking at the time of the crime of this case, in light of the background of the crime of this case, the means and method of the crime, and the circumstances after the crime, etc., it does not seem that the defendant was in a state that he did not have the ability to discern things or make decisions.

This part of the defendant's assertion is without merit.

C. Although the defendant's judgment on the assertion of unfair sentencing is contrary to the defendant's assertion of unfair sentencing, the defendant has a criminal record of violence several times, has not been agreed with the victims or has not been recovered from damage, and all other circumstances constituting the conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, character and conduct, circumstances of crime, means and results,

유사 판례

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