logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2014.11.20 2014노1610
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental disorder was in a state of weak ability to discern things or make decisions through drinking alcohol at the time of each of the instant crimes, but the lower court’s failure to recognize the Defendant’s mental disorder is unlawful.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to evidence duly admitted and investigated by the lower court regarding the assertion of mental disorder, it is recognized that the Defendant had a drinking condition at the time of each of the instant crimes, but in light of various circumstances, such as the process, process, means and method of each of the instant crimes, and the Defendant’s speech and behavior before and after each of the instant crimes, it does not seem that the Defendant had a weak ability to discern things or make decisions due to drinking.

B. It is advantageous to the fact that the Defendant has no record of punishment, so far as to decide on the allegation of unfair sentencing.

However, considering various sentencing conditions as shown in the argument of the instant case, such as the scope of recommendations on the sentencing guidelines for each of the instant offenses, the degree of damage and the recovery of damage, the method of each of the instant offenses, and the circumstances after the crime, it is not recognized that the sentence imposed by the court below is unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

arrow