(영문) 서울중앙지방법원 2015.10.30 2015노3538

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2015.10.30 2015노3538

야간건조물침입절도등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was unable to make a decision on the mental fissionable disease with the ability to discern things or make a decision.

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the assertion of mental disorder, the defendant is found to have suffered from the mental disorder of a mental fission who is the symptoms of mental disorder at the time of the crime of this case, but it is difficult to view that this is beyond the state of mental disorder and has reached the state where there is no ability to discern things or make decisions. Thus, the above argument by the defendant is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing recognized both the instant crime and against it, and was in a state of mental disability due to a mental fission, and a part of the damaged goods against the victim D was returned, and the point that the victim I agreed with the victim is favorable.

However, in full view of the fact that the Defendant committed the instant crime during the period of repeated crime even though he/she had been punished by imprisonment, etc. due to other crimes, the Defendant committed the instant crime during the period of repeated crime, the fact that he/she went to the instant crime while criminal trials were pending due to a violation of the Punishment of Violences, etc. Act, and other various sentencing conditions such as the Defendant’s age, environment, personality and conduct, etc., it is not recognized that the lower court’s sentence imposed on the Defendant is too unreasonable since the sentence imposed on the ground of

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

참조조문

-폭력행위 등 처벌에 관한 법률

-형사소송법 제364조 제4항

유사 판례

-대구고등법원 2014.12.08 2014노601

-의정부지방법원 2014.03.28 2013노2486

-대구고등법원 2014.11.27 2014노511

-서울북부지방법원 2013.11.15 2013고단1754

-대구지방법원 2015.02.06 2014노3859