(영문) 대전지방법원 2016.06.02 2015노3684 | 리걸엔진

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2016.06.02 2015노3684

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At least, the Defendant had no or weak ability to discern things due to alcohol disorder at the time of committing the instant crime.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental disorder, it may be recognized that the defendant temporarily affected the impulse ability due to the symptoms of mental or behavioral disorder caused by the use of alcohol harmful to alcohol at the time of the crime of this case. However, in light of the motive, circumstance, process of the crime of this case, and the defendant's speech and behavior immediately after the crime of this case, the above symptoms do not seem to have reached the state where the defendant was under the treatment and custody system due to the above symptoms, and the defendant did not have the ability to discern things or make decisions due to the above diseases, etc. at the time when the treatment and custody was completed

B. The following are the circumstances favorable to the Defendant: (a) the fact that the Defendant’s judgment on the unfair argument of sentencing is against the Defendant; (b) the symptoms of shock adjustment disorder caused by the Defendant’s proof of alcohol alcohol are likely to have had an impact on the instant crime; and (c) the individual amount of damage is a small amount.

However, even though the Defendant had many records of criminal punishment, such as punishment, due to the same crime, was sentenced to punishment again for the crime of this case during the period of repeated crime, and the damage has not been recovered therefrom, there are unfavorable circumstances to the Defendant, and comprehensively taking account of all the sentencing conditions, such as the Defendant’s age, sex, environment, motive, means and consequence, etc., the sentence of the lower court is too unreasonable.

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

유사 판례

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