logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.07.11 2019노2391
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability with influence of mental illness, etc. at the time of committing the instant crime.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to reference materials submitted by a defense counsel regarding the assertion of mental disorder, although the defendant seems to suffer from mental disease, such as a detailed disorder of stimulative disorder, it is not deemed that the defendant had a lack or weak ability to discern things at the time of committing the instant crime in light of various circumstances, such as the specific circumstance of the instant crime, the method and method of the crime, the defendant's behavior before and after the instant crime, the defendant's statement and attitude in the investigative agency, which are acknowledged by the evidence duly adopted and investigated by the court below.

Therefore, the defendant's mental disorder is not accepted.

B. It is recognized that the circumstances, such as the fact that the Defendant led to the confession of the instant crime and reflects his mistake, and that even if it does not reach a mental state, the mental illness suffered by the Defendant appears to have partly affected the instant crime, are recognized.

However, the crime of this case is committed by force by the defendant, obstructing the main office, maintenance office, and banking business, assaulting two victims, assaulting alcoholic beverages, aljus, etc. at the main office twice, and it is considerably poor in light of the method and content of the crime, and there is no trace of the defendant's efforts to recover damage, there are a number of criminal offenses in the same kind, and in particular, the defendant committed the crime of this case at the time of being sentenced to the punishment of eight months of imprisonment for the same crime and three months only, and the defendant was detained by the crime of this case and committed the violation of discipline in prison.

arrow