(영문) 광주지방법원 2013.03.13 2013노197 | 리걸엔진

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(영문) 광주지방법원 2013.03.13 2013노197

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

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

2. Determination

A. According to the records on the assertion of mental and physical disorder, even though the defendant was in a drunken state at the time of the above crime, the defendant did not have the ability to discern things or make decisions due to drinking, in light of various circumstances, such as the details, process, means and method of the crime, and the defendant's speech before and after the crime.

Therefore, this part of the defendant's assertion is without merit.

B. It is recognized that the Defendant made a confession of the instant crime, recognized his mistake, and agreed with the victim on the sole basis of the agreement on the argument of unfair sentencing.

However, the crime of this case was committed by threatening the victim of the portrait as a dangerous material, and the nature of the crime is not good, and the defendant has been sentenced to punishment several times of violence. In particular, the defendant committed the crime of this case without being aware of 18 times of punishment for the same crime for the last 10 years, and in full view of the circumstances, the method and result of the crime of this case, the circumstances after the crime was committed, the defendant's age, character and conduct, and the various sentencing conditions as shown in the arguments of this case, such as the circumstances after the crime, the defendant's age, character and behavior, etc., it is not recognized that the court below's punishment is too unreasonable. Thus, this part of the defendant's 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 it is without merit. It is so decided as per Disposition.

참조조문

-형사소송법 제364조 제4항

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