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(영문) 서울남부지방법원 2019.03.21 2018노2403

공용물건손상등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was suffering from mental illness at the time of each of the instant crimes, and was under the influence of alcohol, and was in a state of mental disability.

B. The sentence imposed by the lower court (one year and six months of imprisonment and a fine of one hundred thousand won) is too unreasonable.

2. In light of the Defendant’s speech and behavior or the circumstances before and after the crime of this case acknowledged by the records on the determination of mental and physical disability, the Defendant does not seem to have been in a state of loss or lack of ability to discern things and make decisions at the time, and thus, the Defendant’s assertion of mental and physical disability is rejected.

3. Even when considering the fact that some of the victims were recovered from the judgment on the assertion of unfair sentencing, or certain victims did not want to be punished, and that there was no record of being punished in excess of the Defendant, each of the crimes in this case is diverse and frequency; the number of crimes in this case is considerably defective; there is no new special circumstance or change of circumstances that may be reflected in the sentencing after the judgment of the court below was rendered; and other circumstances, which are the sentencing conditions specified in the records and arguments of this case, including the Defendant’s age, character and behavior, environment, relationship with the victim, motive and consequence of the crime; and the motive and consequence of the crime; etc., the lower court’s sentencing does not seem to be too heavy beyond the scope of reasonable discretion; thus, the Defendant’s assertion of unfair sentencing cannot be accepted.

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