logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.06.18 2020노333
폭행등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The Defendant was in a state of mental disability due to alcohol addiction at the time of each of the instant crimes.

The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

According to the records of this case as to the assertion of mental disorder, it is recognized that the defendant was diagnosed to be suspected of having a alcohol using disorder.

However, in light of various circumstances, such as the background and means of each of the instant crimes, the Defendant’s behavior before and after the instant crimes, etc., it does not seem that the Defendant had weak ability to discern things or make decisions at the time of each of the instant crimes.

The defendant's mental disorder is not accepted.

If there is no change in the conditions of sentencing compared to the first instance court’s judgment on the assertion of unfair sentencing, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no change in the conditions of sentencing compared to the lower court on the ground that no new data to be considered in the health room and the trial have been submitted.

In full view of the factors revealed in the records and arguments of the instant case, the lower court’s sentencing is too large and does not seem to have exceeded the reasonable scope.

The defendant's assertion of unfair sentencing is not accepted.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit.

arrow