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(영문) 서울중앙지방법원 2014.12.30 2014노4109

재물손괴

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (a.e., destruction of property) the Defendant did not have the intention of damage because he did not leave the car owned by the victim E and did not gather it.

B. The Defendant was in a state of mental disorder due to a mental disorder, such as a physical and mental disorder.

C. The lower court’s sentencing (fine 500,000 won) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant was at the house of the defendant, around 11:10 on November 2, 2013, at the c and 2nd rail of Gwanak-gu in Seoul Special Metropolitan City, and it can be recognized that the defendant was aware of the fact that the defendant was at the front of the house of the victim E, who was parked in the above c and 2nd rail, was at the front of the house of the front cover of the front frame and door of the Patop (F). Meanwhile, the defendant was well aware of the fact that the resident was parking a car for private use on both sides of the road before the usual house, and thus, it can be sufficiently recognized that the defendant was aware of the fact that the parked vehicle would be damaged if the vehicle was parked outside of the house of the second floor of the 2nd floor. Thus, the intention of damage can also be sufficiently recognized.

Therefore, the defendant's assertion of mistake is without merit.

B. According to the records on the assertion of mental disorder, it is recognized that the defendant suffered from mental illness such as stimulative disorder at the time of the crime of this case, but in light of the circumstances indicated in the records, such as the background leading to the crime, details of the crime, and the defendant's behavior before and after the crime, it is not recognized that the defendant had no ability to discern things or make decisions due to the above mental disorder at the time.

The defendant's assertion of mental disorder is without merit.

C. The Defendant’s judgment on the assertion of unfair sentencing shall constitute the instant crime in a state of mental disability due to mental illness, such as bipolar disorder.