logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2014.10.23 2014노1346
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental disorder was in a state of weak ability to discern things or make decisions through drinking alcohol at the time of committing the instant crime, but the lower court’s failure to recognize the Defendant’s mental disorder is unlawful.

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the lower court as to the assertion of mental and physical disorder, it is recognized that the Defendant was under a state of drinking alcohol treatment at the time of the instant crime, but it does not seem that the Defendant had weak ability to discern things or make decisions due to drinking, in light of various circumstances, such as the details, process, means and method of the instant crime, and the Defendant’s speech and behavior before and after the instant crime.

B. In light of the fact that the Defendant had been punished several times for the same kind of crime, and the Defendant committed the instant crime during the repeated crime period, and that the Defendant appears to have exercised violent violence in the surrounding area, upon the withdrawal of alcohol, and other various sentencing conditions as indicated in the instant argument, such as the method of each of the instant crimes, the circumstances after the crime, and the Defendant’s age and character and conduct, it is not recognized that the sentence imposed by the lower court is unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

arrow