(영문) 창원지방법원 2019.09.04 2019노1430 | 리걸엔진

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(영문) 창원지방법원 2019.09.04 2019노1430

특수상해

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All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the crime of special injury by mental disorder (Defendant B), was under the influence of taking excessively a mentally and physically handicapped medicine at the time of the crime of special injury, and was in an excessive state of taking medicine for mental therapy at the time of the thief crime. As such, at the time of each of the crimes in this case, the Defendant had weak the ability to discern things or make decisions.

B. The respective sentence of the lower court (Defendant A: Imprisonment with prison labor for 10 months, confiscation, Defendant B: Imprisonment with prison labor for 1 year and 6 months, confiscation) is too unreasonable.

2. According to the record of the determination of the assertion of mental disorder, the defendant can be recognized as having a specific degree of drinking alcohol at the time of committing the crime of special injury.

However, there is no evidence to prove the fact that the Defendant used excessive medical treatment at the time of each of the instant crimes, and in full view of the background and process of each of the instant crimes, the Defendant’s act before and after each of the instant crimes, etc., it is difficult to deem that the Defendant was in a state of lacking the ability to discern things or make decisions at the time of the instant crimes.

Therefore, the defendant's mental disorder is without merit.

3. Judgment on the assertion of unfair sentencing

A. The lower court rendered a sentence by taking into account the following circumstances: (a) the Defendant committed a contingent crime; (b) the victim is also responsible for the occurrence and expansion of damage; (c) the victim is not willing to be punished against the Defendant under favorable circumstances; (d) the applicable method of crime is very dangerous; and (e) the degree of damage is very serious; and (e) the same type of crime has been punished several times; and (e) the Defendant’s age, character and conduct; and (e) other various sentencing conditions specified in the records and arguments, including the Defendant’s age, character and conduct

Even when considering the circumstances alleged by the Defendant as the grounds for appeal, the lower court is on sentencing.

유사 판례

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-부산지방법원 2012.05.22 2012노1171

-대구고등법원 2018.05.17 2018노27