logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.07.23 2015노767
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. When each of the instant crimes was committed, the Defendant was under the influence of alcohol and was in a state of mental disorder or mental disorder.

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 the records on the assertion of mental and physical disorder, even though the defendant was found to have committed each of the crimes in this case under drinking, in light of the circumstances before and after the commission of each of the crimes in this case, the circumstances leading to each of the crimes in this case, the defendant's behavior at the time, etc., it cannot be deemed that the defendant did not have or lacks the ability to discern things or make decisions due to drinking at the time of stopping each of the crimes in this case, and therefore, the defendant's mental and physical disorder argument

B. Although the judgment on the assertion of unfair sentencing is against all of the defendant's mistake, the defendant has already been sentenced to imprisonment, suspension of the execution of imprisonment and fines for the same crime as the crime in this case, and the defendant committed each of the crimes in this case without being able to do so for three months from the completion of the execution of the final imprisonment, and again committed each of the crimes in this case without being able to do so for three months from the completion of the execution of the final imprisonment. The defendant suffered serious bodily harm due to each of the crimes in this case, and the victim F was deemed to have suffered considerable mental harm, but the defendant did not receive a letter from the victims due to an agreement with the victims, etc., and considering the motive and background leading up to each of the crimes in this case, the circumstances before and after each of the crimes in this case, the defendant's age, character, environment, occupation, occupation, and family relationship, the punishment imposed by the court below cannot be deemed to be unfair because it is too unreasonable.

arrow