(영문) 대구지방법원 2017.07.19 2017노1224 | 리걸엔진

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(영문) 대구지방법원 2017.07.19 2017노1224

재물손괴등

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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 loss or mental weakness due to mental illness.

B. The sentence of a fine of KRW 1.5 million sentenced by the lower court is too unreasonable.

2. Determination

A. According to the record of the instant case’s assertion of mental disorder, the Defendant is deemed to have received hospitalized treatment at I Hospital from October 24, 2016 to December 2, 2016, which was after the instant crime. However, considering such circumstances, considering the background leading up to the instant crime, its means and method, the Defendant’s attitude and behavior before and after the instant crime, and the circumstances after the instant crime, it does not seem that the Defendant did not have reached a state where the Defendant was unable to discern things or make decisions at the time of the instant crime, and thus, this part of the Defendant’s assertion is without merit.

B. It is recognized that the defendant recognized all facts charged as a primary offender with no record of crime and reflected his mistake. On the other hand, the crime of this case is committed by assault and damage to property in consideration of the victim's clock, the defendant did not agree with or pay for damage, and the court below seems to have imposed a fine that has been reduced compared to the summary order by sufficiently considering the favorable circumstances for the defendant at the court below, and the defendant's age, sexual behavior, environment, family relationship, and circumstances after the crime, etc. are not recognized as improper because the court below's punishment is too excessive and it is not reasonable. Thus, this part of the defendant's assertion is without merit.

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

유사 판례

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