logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2018.03.14 2018노64
특수협박등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The Defendant was under the influence of alcohol at the time of committing a crime of destruction of special property and special intimidation.

In the case of a special injury crime, even if it does not reach the physical and mental weakness, it seems that the crime was committed in a state that it is impossible to fully control his/her own emotions due to the symptoms of alcohol dependence.

The defendant is against all of the crimes that have been committed in the past, and is against the law.

However, the crime of this case is highly dangerous since it has inflicted harm on others by using kitchens, such as kitchens or other plastic instruments.

In particular, there was a concern that special injury crimes are likely to cause more damage because they prices the head of a relatively old victim's victim's head in mountain.

The Defendant committed the instant crime, even though he was sentenced to a suspended sentence of one year and two years for a suspended sentence of imprisonment, due to the commission of the instant crime with the head of others by Macju’s disease, machine, World Cup, and So on, the Defendant committed the instant crime again.

The victims have not recovered from damage or agreed with the victims.

In light of such circumstances, in light of the sentencing conditions indicated in the argument of the instant case, including the Defendant’s age, sex, family relationship, and circumstances after the crime, it is difficult to view that the first deliberation’s sentencing exceeds the reasonable scope of discretion, or maintaining the first deliberation’s sentencing is unfair.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

arrow