(영문) 대구지방법원 2013.05.31 2013노947 | 리걸엔진

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(영문) 대구지방법원 2013.05.31 2013노947

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the argument of mental disorder, although the defendant was deemed to have a drinking condition at the time of committing the instant crime, the defendant was unable to discern things or make decisions under the influence of alcohol at the time of committing the instant crime, in light of the background, method, the behavior of the defendant before and after committing the crime.

Therefore, the defendant's above assertion is without merit, since it seems that the defendant did not have reached a weak or weak state.

B. Although there are extenuating circumstances, such as the fact that the Defendant committed the instant crime on the assertion of unfair sentencing by drinking alcohol, and that the Defendant has committed a contingency in depth, the Defendant has already been punished more than 20 times for the same kind of crime, the suspension of the execution of imprisonment, and the punishment for a criminal sentence, as well as the fact that the Defendant committed the instant crime at once during the repeated period for the same kind of crime, the Defendant committed the instant crime at once again during the repeated period for the same crime, the damage recovery was not made at all, and the victims did not agree with the victims, the residents of the Dongdong-dong who reside in the Defendant wanting to be punished while looking at the force of violence, humiliation, threat, property damage, etc. committed by the Defendant during the period, and other factors such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, etc., the above assertion by the lower court is unreasonable, and therefore, the Defendant’s punishment imposed by the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제4항

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