logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2014.09.18 2014노996
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Mental and physical disorder: the Defendant was in a state of mental disorder or mental disability under the influence of alcohol at the time of committing each of the instant crimes.

B. Unreasonable sentencing: The sentence of the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, the defendant was found to have drinking at the time of each crime of this case, but the defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the crime in light of the circumstances leading to the crime of this case and the attitude of the defendant.

did not appear to have existed in or weak condition.

Therefore, the defendant's assertion is not accepted.

B. Examining the instant judgment on the assertion of unfair sentencing and the reasons for sentencing on the judgment of the court below, compared with the sentencing conditions indicated in the instant case’s records and arguments, the lower court’s sentence is too unreasonable.

3. 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. It is so decided as per Disposition.

arrow