logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2015.11.19 2015노561
폭력행위등처벌에관한법률위반(상습폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (non-incompetent of mental disability and unreasonable sentencing)

A. The Defendant suffered from mental illness, such as stimulative disorder, and was under the influence of alcohol and was in a state of mental disability.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment and a fine of five hundred thousand won) is too unreasonable.

2. Determination

A. As to the claim of mental disability, the Defendant appears to have not been suffering from diseases, such as stimulative disorder, alcohol dependence, and explosive personality disorder. However, in light of the circumstances leading up to each of the crimes in this case, the Defendant cannot be deemed to have lacking ability to discern things or make decisions due to mental illness or alcohol.

The defendant's above assertion is without merit.

B. There are favorable circumstances, such as the Defendant’s reflection on the assertion of unfair sentencing, and the agreements with the victim D, F, H, M,O, P, S, T, and W Hospital.

However, in full view of the fact that the Defendant had been punished several times as crimes of the same kind including punishment, the Defendant committed each of the crimes against many victims during the repeated crime period, the blood alcohol concentration of drinking driving of the instant case is significant, and the crime is bad and bad, such as assaulting the aged victims and reporting false facts as to police officers, and all of the sentencing conditions of the instant case, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances before and after the crime, etc., the lower court’s punishment cannot be deemed to be excessively unreasonable.

The defendant's above assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow