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(영문) 서울북부지방법원 2016.01.28 2015노2280

건조물침입등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. The court below, on the ground that the defendant was in a state of mental and physical weakness at the time of preventing each of the crimes in this case, presented "the summary of evidence" column of the court below's judgment, but according to the records, there is no evidence that the above mental appraisal document was adopted and investigated as evidence at the court below. Thus, the court below's above evidence's explanation is erroneous, but it cannot be viewed that the above error of the court below affected the conclusion of the judgment.

Although the defendant's mistake was recognized in depth, and the ability to discern things or make decisions was lacking at the time when he committed each of the crimes of this case, the victim K of the crime of destroying special property of this case had expressed his intention not to have the defendant tried to be punished at the investigation stage. The court below and the trial of the court of the court below have concluded that the victims of each of the crimes of this case committed each of the crimes of this case did not want the defendant's punishment. While the defendant expressed his intention that the victim N of intrusion of the building of this case had already been punished by imprisonment and a fine for the same kind of crime of each of the crimes of this case, and that the defendant committed the crime of this case against the victim of this case for a short period of six days since the completion of the execution of imprisonment due to theft, fraud, etc., and each of the above crimes of this case during the short period of six days since the commencement of the crime of this case against the victim of this case committed each of the crimes of this case.