logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2013.11.21 2013노1077
폭력행위등처벌에관한법률위반(상습존속폭행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal (e.g., mental disability and unreasonable sentencing) of this case, at the time of each of the instant crimes, the Defendant was under the influence of alcohol, and

The punishment sentenced by the court below (three years of imprisonment) is too unreasonable.

2. Determination

A. In light of the records of this case, even though the defendant was in a drunken state at the time of each of the crimes of this case, in light of various circumstances such as the circumstances of each of the crimes of this case, the defendant did not seem to have been in a state that the defendant lacks the ability to discern things or make decisions at the time of each of the crimes of this case. Thus, the defendant's assertion of mental or physical disability is without merit.

B. The Defendant, without any particular reason, abused the Defendant’s parents by taking a bath that it is difficult for the Defendant to enter the Defendant’s child without any justifiable reason. In particular, the Defendant committed the instant crime against humanity, such as taking the head and body of his father into consideration panty, which is a dangerous object, taking advantage of the fact that the Defendant committed the instant crime, which is contrary to humanity, such as repeatedly blocking the instant crime during the period of repeated offense due to the same kind of crime, and repeatedly repeats the instant crime during the period of repeated offense, and taking into account the criminal records that were punished several times due to assault cases, etc.

However, in full view of various circumstances, including the Defendant’s age, character and behavior, environment, motive and means of the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is imposed, taking into account the following: (a) the Defendant’s confession of the instant crime, and reflects his mistake; (b) the Defendant appears to have committed the instant crime by drinking alcohol and contingently; (c) the parents of the Defendant, who are the victims, are aware of the front day of his awareness; and (d) the Defendant has not been punished against the Defendant.

arrow