(영문) 인천지방법원 2014.04.18 2014노656 | 리걸엔진

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(영문) 인천지방법원 2014.04.18 2014노656

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed the instant crime in a state of mental disorder due to the depression, influence, alcohol addiction, etc.

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

2. Determination

A. According to the evidence duly admitted and investigated by the court below and the court below as to the assertion of defectiveness, it can be acknowledged that the defendant had been receiving medical treatment prior to the crime of this case due to depression, depression, alcohol addiction, etc., and it is recognized that the defendant had weak ability to discern things or make decisions at the time of the crime of this case.

However, in light of the circumstances leading to the instant crime, the means and methods of the crime, the Defendant’s behavior before and after the crime, etc., it is not deemed that the Defendant has lost the ability to discern things or make decisions, and thus, the Defendant’s allegation of mental disorder is without merit.

B. In full view of the following circumstances: (a) the Defendant agreed with the victim on the assertion of unfair sentencing; (b) the victim did not want the punishment against the Defendant; (c) the Defendant committed the instant crime during the period of repeated crime; (d) the Defendant has a large number of criminal records; and (e) there is no change in the circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment; and (e) other various circumstances, including the Defendant’s age, character and conduct, environment, motive or circumstance of the crime; and (e) the motive or circumstance of the crime; and (e) the means

The defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

However, in the application of the lower judgment, the term “1. Aggravation of repeated crime” is as follows.

참조조문

-형사소송법 제364조 제4항

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