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(영문) 의정부지방법원 2013.06.21 2013노787

재물손괴

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability under the influence of alcohol at the time of committing the instant crime.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (1.5 million won of a fine) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated in the judgment of the court below as to the claim of mental disability, the defendant is deemed to have committed the crime of this case while drinking, but in light of the circumstances leading up to the crime of this case, the means and method of the crime, the defendant's behavior before and after the crime of this case, etc., it cannot be deemed that the defendant was in a state of lacking ability to discern things or make decisions due to drinking at the time of the crime of this case. Thus, this part of the

B. Although the Defendant’s judgment on the assertion of unfair sentencing is against the Defendant’s confession of the facts charged in this case, the lower court appears to have imposed a fine of KRW 15 million by reducing a fine of KRW 3 million as stipulated in the summary order by taking account of various circumstances such as the Defendant’s aforementioned circumstances, etc., the Defendant’s allegation in this part of this case is not well-founded even though there were many records of criminal punishment due to violent crimes, and led to the instant crime without being aware of, and did not pay the victim losses, and the victim did not wished to punish the Defendant, and the Defendant’s age, character, character and environment, environment, circumstance and details leading to the instant crime, and circumstances leading to the instant crime, etc., are considered as a whole, and thus, the lower court’s sentence cannot be deemed unfair

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.