(영문) 부산지방법원 2014.10.02 2014노2612 | 리걸엔진

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) 부산지방법원 2014.10.02 2014노2612

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the Defendant’s grounds for appeal was under the influence of alcohol at the time of the instant crime, and was in a state of mental disability, and the lower court’s imprisonment (two years of imprisonment) is too unreasonable.

2. Determination

A. In full view of all the circumstances, such as the means and method of the instant crime, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, which were revealed in the judgment on the claim of mental retardation, the fact that the Defendant was under the influence of alcohol at the time of the instant crime is deemed to have not been in a state where the ability to discern things or make decisions was weak at the time of the instant crime.

Therefore, this part of the defendant's argument is without merit.

B. The instant crime on the assertion of unfair sentencing is a case where the Defendant intrudes on the victim’s house during the night and assaults the victim’s cell phone while in possession of knife and damages the victim’s cell phone, and is not very good in light of the method and instrument of the crime, the risk of the Defendant and the victim’s relation, etc., and the Defendant has been punished for larceny and intrusion upon residence several times, and in particular, on December 20, 2013, the Defendant was sentenced to three years of suspended sentence of imprisonment with prison labor for the crime of robbery and robbery at Busan District Court, and was sentenced to three years of suspended sentence on December 20, 2013, and again commits the instant crime during the suspended sentence period, and did not recover any damage up to the trial, and in full view of various factors, such as the Defendant’s age, character and conduct, the motive, means and method of the instant crime, and the circumstances after the crime, etc., the lower court’

Therefore, this part of the defendant's assertion is without merit.

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

참조조문

-형사소송법 제364조 제4항

유사 판례

-부산지방법원 2015.01.22 2014노4196

-부산지방법원 2015.06.25 2014노4698

-부산지방법원 2014.10.16 2014노2901

-부산지방법원 2014.11.27 2014노3658

-부산지방법원 2014.11.27 2014노3613