(영문) 춘천지방법원 강릉지원 2015.04.02 2015노104

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(영문) 춘천지방법원 강릉지원 2015.04.02 2015노104

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical disability due to depression, depression, etc.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the judgment on the claim of mental disability, it is recognized that the defendant had the record of medical treatment due to depression, depression, etc., but it seems that the defendant had the ability to discern things or make decisions at the time of the crime of this case. Thus, the above assertion by the defendant is without merit.

B. The Defendant’s agreement on the assertion of unfair sentencing is favorable to the Defendant, such as the fact that the Defendant agreed with the victim of the instant crime, and the recognition of the instant crime and the late opposition thereto.

However, the crime of this case committed by the defendant was committed with the head of a beer in the state of a beer's disease, and the victim was treated with a beer's disease with a beer's disease, and the degree of injury was relatively heavy. The defendant committed the crime of this case again even though he had been sentenced to imprisonment for the same kind of crime due to the violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a collective injury with a deadly weapon, etc.), and the defendant committed the crime of this case. In full view of the circumstances, means and result of the crime of this case, the defendant's age, character and conduct, environment, and all other conditions of punishment as shown in the argument of this case, it cannot be deemed that the punishment imposed by the court below is too unreasonable. Thus, the above assertion by

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조조문

-폭력행위 등 처벌에 관한 법률

-형사소송법 제364조 제4항

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