(영문) 부산지방법원 2015.07.02 2015노1305 | 리걸엔진

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(영문) 부산지방법원 2015.07.02 2015노1305

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court sentenced 8 months of imprisonment with prison labor for the crimes listed in the Judgment Nos. 1 through 3, and sentenced the exemption of punishment for the crimes listed in the Judgment No. 4 and No. 5.

However, since only the Defendant appealed against the part of the crime Nos. 1 through 3 of the judgment of the court below and did not appeal all the Defendant and the prosecutor, the part of the crime Nos. 4 and 5 of the judgment of the court below is separate and finalized, and only the part of the crime Nos. 1 through 3 of the remaining judgment is subject to this court's

2. Summary of grounds for appeal;

A. The Defendant, at the time of committing each of the instant crimes, was physically and mentally disabled due to the dynamic disorder or pharism.

B. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

3. Determination

A. In light of the background leading up to the Defendant to commit a crime, the means and method of committing a crime, and the circumstances before and after the commission of the crime, etc., the Defendant did not have the ability or ability to make a decision to discern things due to the polar disorder or de facto disorder at the time of each of the crimes in this case.

It cannot be seen as having reached a state of or weakness.

Therefore, the defendant's above assertion is not accepted.

B. The Defendant’s recognition of each of the instant crimes and the degree of injury suffered by the victim H are minor circumstances favorable to the Defendant.

However, in light of the background, method, etc. of the crime, the crime of this case is not good, the defendant repeatedly committed each of the crimes of this case even though he was sentenced to a suspended sentence for the same crime, the damage is not completely recovered, the defendant has been punished several times for the same crime, and all of the kinds of sentencing shown in the records and arguments of this case, including the defendant's age, character and behavior, environment, method of crime, circumstance after the crime, etc.

유사 판례

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