(영문) 인천지방법원 2018.02.09 2017노4723 | 리걸엔진

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(영문) 인천지방법원 2018.02.09 2017노4723

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical weakness under the influence of alcohol at the time of committing each of the instant crimes.

B. The lower court’s sentence (2017 Highest 1611: imprisonment with prison labor for 2 months, 2017 Highest 175, 1818, 2037: Imprisonment with prison labor for 6 months, and confiscation) against an unfair defendant is too unreasonable.

2. Determination:

A. According to the record as to the assertion of mental disorder, even though the defendant was under the influence of alcohol at the time of each of the crimes in this case, considering the background, process of the crime, the defendant's behavior before and after the crime, etc., it does not seem that the defendant had no or weak ability to discern things or make decisions.

The defendant has failed to have the ability or intent to discern things at the time of partial crime.

Even if the defendant had a record of punishment several times for the same crime in drinking condition, he/she once again commits the crime, and even if he/she sufficiently predicted the occurrence of danger and caused a mental disorder by his/her own person, so it cannot be mitigated due to mental and physical weakness (Articles 10(3) and 10(2) of the Criminal Act). Therefore, the defendant's mental and physical disorder assertion cannot be accepted.

B. In full view of various circumstances, including the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is too unreasonable, and thus, cannot be deemed unfair, in light of the following: (a) the Defendant had been punished several times as a single crime; (b) the Defendant committed a crime with drinking alcohol even during the suspension period; and (c) the Defendant committed a crime with the knowledge of not being able to control his/her own behavior upon drinking alcohol; and (d) the Defendant’s age, sex and environment; (b) the motive, means and consequence of the crime; and (c) the sentencing conditions indicated in the record

Therefore, the defendant's improper assertion of sentencing is without merit.

3. If so, the defendant's appeal is without merit.

참조조문

-형법 제10조 제3항

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