(영문) 수원지방법원 2015.09.24 2015노3813 | 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) 수원지방법원 2015.09.24 2015노3813

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each of the instant crimes committed by the Defendant with mental or physical disorder is under the influence of alcohol, and is committed in a state of mental or physical disorder.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. In light of the developments leading up to each of the instant crimes, the means, content, and method of committing the instant crime, etc., the Defendant did not have the ability to discern things or make decisions due to the drunkenness of the instant crime.

Since it does not seem that there was or was a weak state, this part of the defendant's assertion is rejected.

B. It is true that the Defendant’s judgment on the assertion of unfair sentencing is against each of the instant crimes, and there is a favorable circumstance that the said victim does not want to be punished against the Defendant, such as the fact that the Defendant violated each of the instant crimes, and that one of the victims of property damage, E and the original agreement was reached.

However, the defendant has a record of criminal punishment several times due to the same crime, however, it seems that the defendant committed each of the crimes of this case without being among persons, and again committed each of the crimes of this case, and that mental and economic damage suffered by the victims who are neighbors is not significant. All of the crimes of this case are committed without any specific reason while under the influence of alcohol, and it appears that the defendant committed a crime of this case without any specific reason, and it appears that the defendant has a wrong behavior that repeatedly exercises violence due to drinking. In full view of all the sentencing conditions of the arguments of this case, such as the defendant's age, character, character, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the court below's punishment is too unreasonable. Thus, this part of the defendant'

3. In conclusion, the defendant's appeal is without merit and Article 364 (4) of the Criminal Procedure Act is not reasonable.

참조조문

-형사소송법 제364조 제4항

유사 판례

-의정부지방법원 2019.07.11 2019노637

-서울북부지방법원 2018.05.31 2018노483

-인천지방법원 2015.09.18 2015노2042

-수원지방법원 2015.01.12 2014노6215

-서울북부지방법원 2016.11.24 2016노1761