(영문) 수원지방법원 2015.05.15 2015노1512 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2015.05.15 2015노1512

상해등

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A mentally ill-minded defendant is suffering from a same-sex impulse disorder, etc. at the time of the crime in this case, and was under the influence of alcohol at the time of the crime in this case.

The punishment sentenced by the court below of unfair sentencing (one year and six months of imprisonment, confiscation) is too unreasonable.

Judgment

According to the evidence of the determination as to the claim of mental disability, the defendant suffers from a usual depression, etc. and can recognize the fact of drinking at the time of the crime of this case. However, considering the background, means and methods of the crime of this case, the defendant's behavior before and after the crime of this case, the defendant did not have the ability to discern things or make decisions at the time of the crime.

did not appear to have existed in or weak condition.

The following can be considered as an element for sentencing favorable to the defendant: (a) the defendant's recognition of and reflects on the crime; (b) there is a family member to support; and (c) the parent at the time of a traffic accident who considers the parent as a traffic accident.

However, there are many factors that are disadvantageous to the defendant, such as the fact that the defendant had been subject to criminal punishment not less than 20 times, including the record that he was sentenced to imprisonment with prison labor and a suspended sentence for a crime of violence, the fact that the defendant again committed the crime of this case during the period of repeated crime of the same crime, the victims did not agree, and the nature of the crime is very poor in light of the contents and methods of assault and intimidation committed to the victims, and the crime of obstruction of performance of official duties among the crimes of this case requires strict diversification as it

In this context, considering various conditions of sentencing, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence imposed by the lower court cannot be deemed to be too unreasonable.

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is not reasonable.

참조조문

-형사소송법 제364조 제4항

유사 판례

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