logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.11.07 2018노1270
건조물침입등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the part on the 2017 Highest 1416 case in the holding of the lower judgment, the Defendant was in a mental and physical weak condition under the influence of alcohol at the time of committing each of the crimes in this part.

B. As to the part of the 2017 Highest 1638 case in the lower judgment, the Defendant did not inflict an injury on the Victim K due to the Defendant’s act, although the Defendant assaulted the Victim K.

(c)

The punishment of the court below (one year of imprisonment) which is unfair in sentencing is too unreasonable.

2. Determination

A. Reviewing the determination on the assertion of mental and physical weakness, the record reveals that the Defendant was in a state of drinking at the time of committing each of the crimes in the part 1416 Highest 2017 Highest 1416 cases as indicated in the judgment of the court below, but in light of the Defendant’s average amount of drinking at the time of the crime, the amount of drinking at the time of the crime, the circumstances leading to the crime, the means and method of the crime, and the circumstances before and after the crime, the Defendant had weak ability to discern things or make decisions due to drinking

Therefore, the defendant's mental and physical weakness are without merit.

B. We examine the argument of misapprehension of the legal principle. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① according to the video or photograph taken by the Defendant’s assault situation with the victim K, the Defendant can confirm the victim K’s shicking, plucking, plucking, etc. of the victim K, ② The victim K consistently stated at the investigative agency and the court of the court of the court below that “the victim K received hospital treatment by bruing and bruing the Defendant’s assault; ③ on September 5, 2017, after the date of the occurrence of the instant case, the victim K visited the Pnean division and visited the doctor to receive treatment under the name of “brud and fludal chine” in the name of the doctor, and the record, degree, and image of the injury as stated in the above written diagnosis report.

arrow