logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.02.05 2014노7659
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder under the influence of alcohol at the time of the instant case.

B. The lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. According to the records on the assertion of mental disorder, even though the defendant was under the influence of alcohol at the time of the crime of this case, considering the circumstances before and after the crime of this case was committed, the circumstances leading to the crime of this case, and the defendant's behavior at the time of the crime of this case, it cannot be deemed that the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime of this case. Thus, the above assertion by the defendant is without merit

B. As to the assertion on unfair sentencing, the defendant made a confession of all the crimes and made mistakes in the trial, the court below agreed with the victim F, deposited KRW 500,000 for K in the trial, and the defendant has a dependent on the defendant. However, as to the crime of violation of the Act on the Aggravated Punishment, etc., of Specific Crimes, etc., (hereinafter “Aggravated Punishment, etc.”) in 2011, the defendant was sentenced to a suspended sentence of 2 million won for 1 year and June, 201, and a fine of 2 million won for the same crime in 2012, and was sentenced to a suspended sentence of 2 years for 4 months for 2014 for the same crime, and was punished several times for the violation of the Act on the Aggravated Punishment, etc., of Specific Crimes (Aggravated Violence, etc.), obstruction of performance of official duties, and all of the records and arguments of this case, including the defendant’s age, character and conduct, circumstances, etc., after the crime, shall be sentenced to heavy punishment.

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

arrow