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(영문) 대구지방법원 2016.03.18 2016노161

공용물건손상

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 in a state of mental and physical loss or mental weakness by drinking alcohol.

B. The punishment of six months of imprisonment sentenced by the lower court is too unreasonable.

2. Determination

A. According to the records of this case as to the assertion of mental disorder, even though the defendant was in a drunken state at the time of the crime of this case, considering such circumstances, considering the circumstances, the defendant's attitude and behavior before and after the crime of this case does not seem to have reached a state where the defendant was unable to discern things or make decisions at the time of the crime of this case, and thus, the defendant's mental and physical disorder argument cannot be accepted.

B. It is recognized that the defendant recognized the facts charged in this case and satisfied the repair cost of the damaged entrance, but the defendant had the record of being subject to criminal punishment several times due to the suspension of execution, etc. due to the violence of drinking alcohol prior to the instant case. In particular, the defendant committed the instant crime without being aware of the probation period due to the same kind of crime, and the court below appears to have determined the punishment by fully considering the circumstances favorable to the defendant. There is no special change in circumstances that could change the sentence of the court below after the sentence of the court below was sentenced, and there is no other change in circumstances that could change the defendant's age, sex, environment, family relationship, circumstances after the crime, etc., the court below's sentence is too unreasonable, considering all the conditions of sentencing as shown in the instant records and arguments, so 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. It is so decided as per Disposition, since the defendant's appeal is without merit.