(영문) 대전지방법원 2014.05.29 2014노850 | 리걸엔진

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(영문) 대전지방법원 2014.05.29 2014노850

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 disorder or mental disability with mental disorder.

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

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mental disorder, it is recognized that the defendant committed the crime of this case while drinking alcohol, but the defendant did not have the ability to discern things or make decisions at the time.

Therefore, this part of the defendant's assertion is without merit, since it cannot be seen as having reached a state of or weakness.

B. It is acknowledged that the defendant committed a contingent crime under the influence of alcohol to a certain extent, regardless of the degree of mental disorder at the time of the instant case, and that the defendant agreed on the degree of injury to the victim, and that the defendant must support the mother and child, etc., although it is recognized that this case is the most important fact that the defendant inflicted bodily injury on the victim by using the child's disease, which is a dangerous object, and the nature of the crime is not good. The defendant committed the instant crime again without being aware of it even though the defendant was under the period of suspension of execution, and that the defendant committed the instant crime again without being aware of it, and that the court below sentenced 1 year and 6 months to the maximum amount of imprisonment on the sentencing guidelines, taking full account of the above circumstances favorable to the defendant, such as age, character and behavior of the defendant, environment, motive, motive, means and result of the crime, etc., the sentencing of the court below is too inappropriate, and this part of the defendant's assertion is not reasonable.

3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

참조조문

-형법 제51조

-형사소송법 제364조 제4항

유사 판례

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-창원지방법원 2013.03.14 2012노2503

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