logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.09.29 2017노2835
협박등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal is too unreasonable.

(The grounds for appeal filed by the Defendant include the purport of claiming mental and physical weakness, but the Defendant and his defense counsel appealed for sentencing only on the first trial date.

The reason for appeal was clearly stated.

B. Review of the record reveals that even though the Defendant was aware of drinking at the time of each of the instant crimes, the Defendant was in a state of mental and physical weakness.

2. As to the Defendant’s act of committing the instant crime, the Defendant appears to have made a confession of all the instant crime and against his mistake is a favorable circumstance.

However, there are many kinds of records that the defendant was punished as violence, and they committed each of the crimes of this case during the probation period. The defendant did not agree with the victim or receive a letter from the victim.

In full view of these circumstances, there is no special circumstance or change of circumstances that may be newly considered in sentencing at the appellate court, and all other conditions of sentencing as indicated in the records and theories of this case, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, even considering all the circumstances alleged by the Defendant, the sentence imposed by the lower court is so excessive that the Defendant’s punishment is exceeded the scope of reasonable discretion.

subsection (b) of this section.

Therefore, the defendant's assertion is not accepted.

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

arrow