(영문) 의정부지방법원 2018.04.02 2018노238

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) 의정부지방법원 2018.04.02 2018노238

특수존속상해

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had a mental and physical weak condition under the influence of alcohol at the time of committing the instant crime.

The argument is asserted.

B. The Defendant asserts that the punishment sentenced by the lower court (six months of imprisonment) is too large and unfair.

2. According to the record of determination on the assertion of mental and physical weakness, although the defendant was found to have alcohol at the time of the crime of this case, in light of the background and method leading up to the crime of this case, the statement and behavior of the defendant before and after the crime of this case, etc., the defendant had weak ability to discern things or make decisions due to the above disability at the time of the crime of this case.

Since the defendant's mental and physical weakness are not visible, it is not accepted.

3. It is recognized that the defendant recognized his mistake and reflects his fault, and the victim does not want the punishment of the defendant.

However, the crime of this case was committed by the defendant, who is the father of the kitchen, and the case was serious. The defendant was sentenced to two years of suspension of execution on September 27, 2017 due to the violation of the Punishment of Violences, etc. Act (joint injury) in the judgment of the court below, which became final and conclusive on October 11, 2017, and committed the crime of this case even though he had been under suspension of execution, the crime of this case was committed at another time. The defendant committed the crime of this case. The defendant, while having a kitchen with a kitchen in the past, has committed a home protective disposition by assaulting the defendant's money while taking the kitchen in the past, takes into account the circumstances unfavorable to the defendant. In addition, there is no special circumstance or circumstance that is newly considered in sentencing after the sentence of the court below, taking into account the defendant's age, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the punishment of this case and the records, which are too unfair.

Therefore, it is true.

참조조문

-폭력행위 등 처벌에 관한 법률

유사 판례

-부산고등법원 (창원) 2016.06.29 2016노155

-수원지방법원 2016.04.22 2016노1662

-의정부지방법원 2018.03.19 2017노3524

-대구고등법원 2017.12.21 2017노543

-서울중앙지방법원 2016.08.11 2016노1691