logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2013.05.22 2013노207
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical disorder, even though the defendant was in a drunken state at the time of the above crime, in light of the following circumstances, such as the course and process of the crime, means and method, and the defendant's speech and behavior before and after the crime, the defendant did not have the ability to discern things or make decisions due to drinking.

Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

B. In light of the following: (a) the Defendant may have a criminal record of violence on the assertion of unfair sentencing; and (b) the victim wants to punish the Defendant; and (c) the Defendant’s age, character, conduct, occupation and environment; and motive and circumstance leading to the instant crime; and (d) the circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable and unreasonable. Thus, the Defendant’s assertion is not reasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow