(영문) 부산지방법원 2014.04.25 2013노3817 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2014.04.25 2013노3817

상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder or mental disability at the time of each of the instant crimes.

B. The sentence of eight-month imprisonment imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the record of the determination of mental or physical disability or mental disability, the defendant may be found to have suffered from mental disorder such as depression and impulse disorder. However, in light of the circumstance leading up to each of the crimes of this case, the method and method of the crime, and the defendant's speech and behavior before and after the crime, the defendant has no ability to discern things or make decisions due to the above mental disorder at the time of each of the crimes of this case.

or weak conditions may not be deemed to have existed.

Therefore, the defendant's above assertion is without merit.

B. It is recognized that the Defendant’s judgment on the assertion of unfair sentencing is based on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents against Drivers, etc.) and the fact that the Defendant committed each of the instant crimes without being involved in a prison life in Busan Correctional Institution is bad and has been punished several times for the same crime

However, in full view of the following circumstances: (a) the Defendant recognized each of the instant crimes and against his mistake; (b) the degree of damage caused by each of the instant crimes is not significant; (c) the victim expressed his intention not to punish the Defendant; and (d) the damage to the public goods of this case appears to have been recovered; (b) each of the instant crimes appears to have been subject to a disciplinary measure for 30 days separately imposed by the Busan Correctional Institution; (c) the Defendant must provide old-age support without good health; and (d) other circumstances, including the Defendant’s age, environment, family relationship, occupation, and circumstances after each of the instant crimes, etc., which are the conditions for sentencing specified in the records.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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