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(영문) 춘천지방법원 강릉지원 2014.11.18 2014노321

야간건조물침입절도등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of alcohol, the Defendant committed the instant crime in a state of mental disorder or mental disability.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical disorder, the fact that the Defendant was in a state of drinking alcohol at the time of the instant crime is recognized, but did not have the ability to discern things or make decisions, in light of the mode and method of the instant crime, the Defendant’s speech and behavior at the time, etc.

not seem to have existed in or weak condition.

The defendant's above assertion is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing was committed several times in a short term, and thereby, the victim was also several persons, and the victim was threatened with the news block, which is a dangerous object, as well as assaulting or threatening police officers performing legitimate official duties over two times. In light of the background of the crime, method of the crime, result of the crime, etc., the nature of the crime and the crime are very poor, and there was a history of punishment including suspended sentence of imprisonment for the same kind of crime, such as violence, and the blood alcohol content at the time of the drunk driving reaches 0.201%.

On the other hand, the circumstances favorable to the defendant are that the defendant led to the confession and reflect of the crime, that the defendant's punishment is not applied to the above victims by mutual agreement with many victims, and that there is no criminal records above punishment.

In full view of the aforementioned various circumstances, including the Defendant’s age, character and conduct, the motive and consequence of the instant crime, the means and consequence of the instant crime, as well as the various sentencing conditions indicated in the instant case, the lower court’s punishment is too unreasonable.

3. Thus, the defendant's appeal is justified.