(영문) 수원지방법원 2017.03.30 2016노8616 | 리걸엔진

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(영문) 수원지방법원 2017.03.30 2016노8616

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant with a mental disorder was under the influence of alcohol at the time of committing the instant crime, and was in a state of lack of normal and reasonable reasoning.

2) The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the defendant is being treated with chronic alcohol addiction, and it is recognized that the defendant was under the influence of alcohol at the time of committing the instant crime.

However, in light of the circumstances leading to the instant crime, specific method of crime, Defendant’s behavior and attitude expressed before and after the instant crime, and the circumstances after the instant crime, etc., the Defendant had the ability to discern things or make decisions due to drinking at the time of the instant crime.

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

B. We also examine both the defendant and prosecutor's arguments regarding sentencing.

The fact that the defendant fully recognized the crime of this case and reflects the fact that the defendant suffers from chronic alcohol addiction, and that the defendant cannot be healthy due to the lack of right eye is favorable to the defendant.

Meanwhile, the Defendant was sentenced to ten months of imprisonment due to habitual assault on March 16, 2016 and completed the execution of the sentence, and committed the instant crime on only one month after the completion of the sentence, including the above previous conviction, and the record of violent crimes of the same kind as the instant case is several times, and the Defendant’s recovery of damage to the victim or failure to agree with the victim is disadvantageous to the Defendant.

When comprehensively considering the overall circumstances and conditions of sentencing such as the Defendant’s age, sex, environment, family relationship, etc., the lower court’s sentencing does not seem to be too weak or unreasonable. Therefore, this part of the allegation by the Defendant and the Prosecutor is without merit.

3. Conclusion, the defendant's appeal is justified.

유사 판례

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