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(영문) 대구지방법원 2019.10.31 2019노2772
재물손괴등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 was in a state of mental disorder at the time of committing each crime as indicated in the judgment of the court below, and thus, cannot be punished or the sentence should be mitigated (mental disorder) (so-called “componment with imprisonment for ten months”) is too unreasonable.

(F) 2.2

The sentencing of the court below by the public prosecutor is too uncompared and unreasonable.

(F) Determination; 2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the defendant's mental disorder claim, the defendant was suffering from symptoms, such as depression, fluence, etc. at the time of each of the crimes of this case, and was under the influence of alcohol. However, in light of the circumstances leading to each of the crimes of this case, the contents and methods of the crimes, the circumstances before and after the crimes, and the attitude of the defendant, etc., the defendant did not have the ability to discern things or make decisions due to symptoms, such as depression, fluence, etc. at the time of each of the crimes of this case.

in such a manner as to be deemed to have been or weak.

The defendant's mental disorder is without merit.

B. The lower court determined a punishment within a reasonable scope by taking into account various circumstances that serve as the conditions for sentencing as stated in its holding, and there is no special circumstance or change in circumstances that may change the sentencing of the lower court after the lower judgment.

The sentencing of the court below is not unfair, and therefore there are no grounds for the defendant and prosecutor's assertion of unfair sentencing.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act.

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