logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.05.02 2014노653
강도상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. A mentally ill person is found to have drank 2 times more than that of ordinary liquor before committing the instant crime, and even though the Defendant committed the instant crime in a state that she lacks the ability to discern things or make decisions, the lower court’s judgment that did not reduce mental and physical disability pursuant to Article 10 of the Criminal Act is unreasonable.

B. The sentence of three and a half years of imprisonment imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the claim of mental retardation, it is acknowledged that the defendant was in a drunken state at the time of the crime in this case, but in light of various circumstances, such as the course, process, means and method of the crime in this case, and the defendant's behavior before and after the crime in this case, it cannot be deemed that the defendant was in a state of lacking the ability to discern things or make decisions due to drinking at the time

B. As to the assertion of unfair sentencing, the lower court’s sentence, which sentenced the minimum sentence within the scope of the statutory penalty (a life imprisonment or imprisonment with prison labor for not less than seven years) for the instant crime, cannot be deemed unreasonable.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow