(영문) 창원지방법원 2017.11.23 2017노2654 | 리걸엔진

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(영문) 창원지방법원 2017.11.23 2017노2654

특수상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Mental and physical disorder: The Defendant was under the influence of alcohol so that he was unable or weak to discern things or make decisions.

B. Improper sentencing: The punishment of the lower court (one year and six months of imprisonment, and the number of evidence No. 1) is too heavy.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below, the defendant is deemed to have served alcohol at the time of committing the crime, but in light of the circumstances leading to the crime, the method and method of the crime, and the circumstances after committing the crime, etc., it cannot be deemed that the defendant did not have the ability to discern things or make decisions, and thus, the defendant's assertion is without merit.

B. The following facts are considered to have been established: (a) the court below made an agreement with the victim to determine that the method of the crime is very dangerous and has significant consequences; (b) the crime was punished six times as a result of the crime; (c) the crime was committed again on May 25, 2017; and (d) the crime was committed again in two weeks, even though the suspension of the execution of imprisonment for the crime of obstructing the performance of special official duties became final and conclusive on May 25, 2017; (d) the crime of special injury was defined only by imprisonment; (e) the defendant was disqualified for the execution of the crime; (e) the defendant’s age, family relation, economic situation, the background and motive leading up to the crime; and (e) all other matters concerning the sentencing as indicated in the records and arguments on changes in the records of this case, the sentence of the court below is reasonable; and (e) the defendant’s assertion is without merit.

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.

유사 판례

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-서울남부지방법원 2016.04.07 2016노148

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