(영문) 창원지방법원 2018.11.29 2018노2357 | 리걸엔진

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Reasons

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자간(%)

(영문) 창원지방법원 2018.11.29 2018노2357

절도등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that did not recognize that the Defendant was in a state of mental and physical weakness by drinking alcohol at the time of each of the crimes in this case is improper.

B. The punishment of the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record on the assertion of mental and physical weakness, the Defendant was under the influence of 0.173% alcohol level at the time of committing each of the instant crimes, and was treated as a yellow disorder at the L mental health clinic on May 15, 2018 and May 21, 2018, and the investigation agency reported the vehicle at the time of driving, by deeming that “I will drive the vehicle without driving the vehicle.”

Facts stated " shall be recognized."

However, in full view of the following circumstances: (a) the Defendant suffers from a stop in front of the convenience store; (b) the vehicle is driving the vehicle with the clear recognition of the ownership of another person; and (c) the process and method of the crime indicated in the records of this case; and (d) the Defendant’s speech and behavior before and after the instant crime, it is not deemed that the Defendant was under the influence of alcohol at the time of each of the instant crimes; and (b) the ability or decision-making ability to discern things due to the symptoms of

Therefore, the defendant's assertion on this is not accepted.

B. The lower court appears to have determined the punishment within the reasonable scope of discretion by fully taking into account the favorable circumstances and unfavorable circumstances for the Defendant, and there is no special change in circumstances that may change the sentencing after the sentence of the lower judgment.

In addition, all other circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., are likely to be attached to the sentencing.

유사 판례

-서울남부지방법원 2018.10.11 2018노225

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-광주고등법원 (전주) 2018.01.16 2017노176

-수원지방법원 2017.06.16 2017노537

-서울중앙지방법원 2017.01.12 2016노3620