logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.09.19 2017노2776
공용물건손상등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Reasons for appeal

A. misunderstanding of the facts or misapprehension of the legal doctrine, the Defendant was at the time of the instant crime, and there was no memory at the time of the commission of the crime due to the livering symptoms, and thus, there was no or weak ability to discern things or make decisions.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

Judgment

A. According to the evidence duly adopted and examined by the court below by misunderstanding the facts and legal principles, the following can be acknowledged: ① the victim F, E, and witness K voluntarily voluntarily voluntarily voluntarily voluntarily voluntarily withdraws from alcohol in the court below; ② the defendant stated to the effect that he was deemed to have been in a state of drinking, but was not in a state of drinking; ② the defendant was accompanied by his memory cell at the time of the commission of the crime; and ② the fact that the defendant was not in a state of mental and physical loss at the time of the commission of the crime on the sole basis of these circumstances that the defendant was not memory

In addition to the fact that it cannot be readily concluded (Supreme Court Decision 85Do361 delivered on May 28, 1985), the Defendant was in a state where the ability to discern things or make decisions was lost or weak.

shall not be deemed to exist.

Therefore, the defendant's assertion of factual mistake is rejected.

B. The criminal defendant seems to have exercised relatively minor tangible power, and the damage therefrom seems not to be significant.

However, there has been a history of punishment for violent crimes, and there have been no efforts to recover damage, such as not only committed the crime of this case during the period of repeated crime due to the same crime, but also did not agree with the victims.

In addition, considering the Defendant’s age, sex, environment, motive, means and consequence of the crime, and all of the sentencing conditions in the instant case, such as the circumstances after the crime, as shown in records and pleadings, the lower court’s punishment is within the reasonable scope.

arrow