beta
(영문) 서울북부지방법원 2017.09.29 2017노957

주거침입

Text

The defendant's appeal is dismissed.

Reasons

The Defendant appealed on the ground that the Defendant was in a state of mental disorder at the time of committing the instant crime and was sentenced to heavy punishment by the lower court.

Taking into account various circumstances revealed in the Defendant’s petition of appeal, statement of reason for appeal, and other records of trial, the Defendant was in a state of mental and physical loss beyond the physical and mental weakness recognized by the lower

shall not be deemed to exist.

In addition, the sentence of the court below cannot be deemed unfair because it is unreasonable.

The defendant's appeal is dismissed without holding any pleadings pursuant to Article 364 (5) of the Criminal Procedure Act.