(영문) 창원지방법원 2018.06.14 2017노3685 | 리걸엔진

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Reasons

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자간(%)

(영문) 창원지방법원 2018.06.14 2017노3685

상해

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was in a state of mental and physical loss or mental weakness at the time of committing the crime.

2) The punishment sentenced by the lower court (an amount of five million won) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. According to the records on the Defendant’s assertion of mental and physical disorder, even though the Defendant was found to have her drinking alcohol to a certain extent at the time of committing the crime, in light of the process, means and method of the crime, the Defendant’s behavior before and after committing the crime, etc., the Defendant had no or weak ability to discern things at the time of committing the crime.

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

B. As to each of the unfair sentencing arguments by the defendant and the prosecutor, the following facts are acknowledged: (a) although the defendant and the prosecutor's each of the unfair sentencing arguments were found to be less severe in light of the health unit, the form of the crime in this case, the degree and degree of injury, etc.; (b) the defendant has been punished eight times for the same kind of crime including the previous criminal records; and (c) the defendant committed a second offense during the period of repeated crime, the defendant is found to have been guilty, the defendant's mistake and reflects it; (c) the defendant's age, sex, environment, the motive, means and consequence of the crime in this case; and (d) other conditions of all of the sentencing specified in the records of this case, such as the defendant's age, sex, and environment; and (e) the defendant's motive, means and consequence of the crime in this case; and (e) the sentence imposed by the court below is deemed to be adequate; and

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

유사 판례

-서울중앙지방법원 2016.09.23 2016노2230

-창원지방법원 2017.04.13 2017노369

-대전지방법원 2018.08.30 2018노644

-서울중앙지방법원 2017.01.20 2016노4475

-인천지방법원 2017.07.14 2017노1069