logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.06.21 2018노933
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rendered a judgment dismissing the public prosecution on the insult of the facts charged in the instant case, and sentenced the remainder of the facts charged.

However, only the Defendant appealed on the grounds of the illegality of sentencing and mental and physical disorder, and the dismissal part of the prosecution was finalized as it did not appeal.

Therefore, the scope of the trial shall be limited to the guilty part of the judgment below.

2. Summary of reasons for appeal;

A. The Defendant with mental disorder was physically and mentally weak at the time of committing each of the instant crimes with mental disabilities of Grade III.

B. Sentencing

3. Determination

A. In full view of the criminal history, method, details of the crime, and actions before and after the crime, etc., which can be recognized by the records of the instant case as to the assertion of mental disorder, the Defendant had weak ability to discern things or make decisions at the time of each of the instant crimes.

It does not seem that it does not appear.

This part of the defendant's assertion is not accepted.

B. Even if the Defendant’s judgment on the unfair argument of sentencing considers the circumstances favorable on the grounds of appeal, the lower court appears to have determined the sentence within a reasonable scope by fully taking into account all the circumstances regarding the sentencing.

B. There are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

We do not accept this part of the defendant's assertion.

4. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

arrow