logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 2015.12.23 2015노1073
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical disability or mental health disorder.

B. The sentence of unfair sentencing (one year of imprisonment) by the lower court is too unreasonable.

2. Determination

A. In full view of the following: (a) acknowledged by the evidence duly adopted and examined by the lower court as to the assertion of mental and physical disorder; (b) comprehensively taking account of the background leading up to the instant crime; (c) the means and method of the crime; (d) the Defendant’s act before and after the crime; and (e) the circumstances after the crime, even though the Defendant was found to have a drinking condition, he was unable

Since it seems that the defendant was in a state or weak condition, the above assertion by the defendant is rejected.

B. In light of the motive and background leading to the instant crime, the circumstances after the instant crime, and the Defendant’s age, character and character, environment, etc., considering the agreement with the victim of the instant crime, the lower court’s sentence against the Defendant is too unreasonable, and thus, the Defendant’s aforementioned assertion is not reasonable, since it is too unreasonable, considering that the Defendant’s agreement with the victim of the instant crime was reached at the lower court.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

arrow