logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.01.23 2018노3967
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding (a thief) the Defendant was aware of and entered into the victim's possession of the next table by drinking alcohol, and did not have any intention to larceny against the Defendant.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

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

2. Determination

A. In light of the following circumstances, the judgment of the court below that found the Defendant guilty of this part of the facts charged is justified, and the judgment of the court below does not seem to have any error of mistake of facts as alleged by the Defendant, in light of the following circumstances, which can be recognized by comprehensively taking account of the evidence duly adopted and examined by the court below.

① On December 25, 2017, immediately before committing the crime, the Defendant calculated his/her drinking value at around 03:41 on December 25, 2017, and on the same day, around 03:44 on the same day, the victim was suffering from his/her abundance with his/her abundance with the victim’s abundance. Accordingly, it is difficult to view that the Defendant was aware of the victim’s possession.

② The Defendant, with the victim’s kids and wallets, placed in his house and used the victim’s kids and kids and kids and kids in performing waste management work.

③ The Defendant, in the court of the original instance, led to confession of this part of the facts charged, and the credibility of such statement is recognized.

B. We examine the judgment on the assertion of unfair sentencing, and there is no change in circumstances that may consider the sentencing after the judgment of the court below, and considering the various sentencing conditions in the records and arguments of this case, the court below’s sentence is also imposed even when considering the circumstances alleged by the defendant as the grounds for appeal.

arrow