logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2017.05.12 2017노54
현주건조물방화등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing each of the instant crimes, was physically and mentally under the influence of drinking alcohol while taking out prone drugs.

B. The sentencing of the lower court (two years of imprisonment) is excessively unreasonable in view of the following: (a) the Defendant committed the crime of fire-prevention, and there was no record of committing the crime due to the crime of fire-prevention, and in the case of the larceny, the entire recovery of damaged articles.

2. Determination

A. As to the assertion of mental disorder, the Defendant alleged to the same purport in the lower court, and the lower court, on this basis, deemed that the Defendant flicked with flick drugs at the time of

In light of the fact that there is no statement made by an investigative agency that the Defendant diverse drugs and drinks in relation to the thief crime, it is difficult to accept the Defendant’s argument, and even if the Defendant diverse drugs and drinks together, it is difficult to accept the Defendant’s argument.

Even if so, it was determined that each of the instant crimes did not have led to a weak state in which the ability to discern things or make decisions at the time of the instant crime.

As a result of examining the judgment of the court below in comparison with the evidence duly adopted and examined by the court below, the judgment of the court below is just in light of the circumstances leading to each of the crimes of this case, the means and method of crime, the defendant's act before and after the crime, and the circumstances after the crime, and there is no error as alleged by the defendant.

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

B. As to the wrongful assertion of sentencing, the sentencing is based on the statutory penalty, and the discretionary determination is made within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act.

However, the trial-oriented principle, which is taken by our criminal litigation law, is established.

arrow