(영문) 창원지방법원 2013.12.12 2013노1609 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2013.12.12 2013노1609

폭력행위등처벌에관한법률위반(공동상해)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of each of the instant crimes, and was in a state of mental disorder or mental disability.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) 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 deemed to have served alcohol at the time of each of the crimes in this case, in light of the Defendant’s ordinary drinking volume, the background leading up to the crime, the means and method of the crime, and the circumstances after the crime, etc., the Defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime.

Since it seems that the defendant's mental and physical disability cannot be seen as being or weak, the defendant's argument is without merit.

B. Although the defendant's judgment on the assertion of unfair sentencing is recognized to have been at the time of each of the crimes in this case, he/she again committed each of the crimes in this case during the suspended execution period, even though he/she was sentenced to a fine on several occasions on December 11, 2012 due to a violation of the Game Industry Promotion Act in the Jinwon District Court's Jinwon District Court's Jin branch, which committed each of the crimes in this case again during the suspended execution period, even though he/she was sentenced to a suspended execution of ten years on December 11, 2012. Each of the crimes in this case was committed by assaulting employees at the main point, and not only damaged the patrol car on which a police officer called upon receiving a report, and the nature of the crime is not very good, and it is not deemed that the police officer was faithfully endeavored for the recovery of damage, and considering all of the records and arguments of this case including the defendant's age, character, environment, and environment, and the motive, means and consequence of each of the crimes in this case.

3. Thus, the defendant's conclusion is that of this case.

유사 판례

-창원지방법원 2013.04.18 2013노182

-창원지방법원 2013.12.19 2013노1745

-창원지방법원 2014.01.23 2013노2127

-창원지방법원 2012.12.13 2012노2058

-창원지방법원 2012.12.27 2012노2075