절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a state that he or she lacks the ability to discern things under the influence of alcohol or make decisions on his or her own.
B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.
2. Determination
A. According to the records of this case as to the assertion of mental and physical weakness, the defendant can be recognized as having served alcohol at the time of committing the crime of this case.
However, in light of the background leading up to the instant crime, the means and method of the instant crime, and the circumstances before and after the instant crime, the Defendant had weak ability to discern things or make decisions due to mental or physical disorder at the time of the instant crime.
shall not be deemed to exist.
Therefore, the defendant's mental and physical weak argument is without merit.
B. The Defendant, on the ground that the victim D, who had a sense of view, did not open a door, destroyed the door door of the house where the victim D resides, destroyed the vehicle by means of cutting the front door of the vehicle owned by the victim D with cement block, and stolen the black box in that way.
Damage caused by the damage to a motor vehicle owned by the victim D is not recovered, and the defendant did not receive a letter from the victim D.
However, the defendant is recognized as committing a crime and is against the law.
The defendant has no criminal record of violence or damage of property and has no criminal record of a fine or more.
At the lower court, the Defendant agreed to pay KRW 650,00 to the victim J (the owner of the house who resides under the lease of the victim D) for the amount of damage caused by damage to the current text of the crime No. 1.
The damage of a vehicle did not cause any danger to the victim D's life or body.
The theft crime of the defendant is a theft of an empty vehicle by destroying an empty vehicle and theft of a black box in the vehicle.
The defendant shall repay the damage.