(영문) 수원지방법원 2018.06.22 2018노2066 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.06.22 2018노2066

공용물건손상등

Text

The appeal by prosecutor and defendant shall be dismissed.

Reasons

1. A summary of the grounds for appeal 1) The Prosecutor’s sentence (a 6 months of imprisonment, a fine of 60,000 won) by the lower court is too uneased and unreasonable.

2) Defendant 1, misunderstanding of the legal principles, and misunderstanding of the facts, the Defendant suffered from mental illness, such as a disorder in labor adjustment at the time of preventing the instant crime, and was in a state of weak ability to discern things or make decisions by driving alcohol.

(2) The punishment of the lower court is too unreasonable.

2. In light of the background, means, and method of the instant crime, the Defendant’s act before and after the instant crime was committed, and the circumstances after the instant crime was committed, etc., which were acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of misunderstanding of the facts and misapprehension of the legal doctrine, the Defendant was in a state of lacking ability to discern things or make decisions due

It is difficult to see it.

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

3. The lower court sentenced 6 months of imprisonment and 600,000 won of fine in consideration of the unfavorable circumstances and favorable circumstances to the Defendant.

In full view of the facts that are the conditions for sentencing in this court, especially the fact that the defendant has already been punished several times as the same kind of crime, while the defendant is able to make a confession, reflect, and not repeat the crime of this case by being treated with mental treatment in the future, and the sentencing judgment in the court below exceeded the reasonable limits of discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, considering the circumstances and results of the instant crime, the sentence of the lower court is appropriate, and it is not recognized that the sentence is too weak or unreasonable because it is too poor, even in light of the circumstances after the instant crime, the Defendant’s age, sex, family relationship, etc.

4. Conclusion.

유사 판례

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