(영문) 청주지방법원 2015.10.08 2015노796 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2015.10.08 2015노796

상해등

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed the public prosecution and convicted the victims of the remaining facts charged on the grounds that the victims expressed their wish not to punish the Defendant after the prosecution of the instant case.

Since the defendant appealed against the guilty portion, and the prosecutor does not appeal the dismissal part of the public prosecution, the dismissal part of the public prosecution is separated and confirmed as it is, only the guilty part falls under the scope of judgment in this Court.

2. Summary of grounds for appeal;

A. At the time of each of the crimes in this case, the Defendant was suffering from mental illness, such as stimulative disorder, and was in a state of mental disability.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

3. Determination

A. According to the record of judgment on the claim of mental disability, the fact that the defendant was receiving treatment of mental illness such as stimulative disorder from around 2005 to around 2013 is recognized.

However, in light of the background leading up to each of the crimes in this case, the means and methods of the crime, the defendant's behavior before and after the crime, the circumstances after the crime, etc., it is determined that the defendant did not have the ability to discern things or make decisions due to the above mental illness at the time of the crime in this case.

Therefore, we cannot accept this part of the defendant's assertion.

B. The circumstances favorable to the defendant on the argument of unfair sentencing are as follows.

The defendant reflects his wrongness.

Since the defendant suffers from mental illness such as stimulative disorder, it seems that the defendant did not participate in stimuliously due to the influence of the above mental disease and reached each crime of this case.

Victim E and N do not want to be punished by the defendant.

The circumstances unfavorable to the defendant are as follows:

The Defendant had been injured from around 2006 before committing each of the instant crimes.

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