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(영문) 춘천지방법원 강릉지원 2016.09.08 2016노298
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (non-incompetent and unreasonable sentencing)

A. The Defendant committed the instant crime while under the influence of alcohol.

B. The sentence (one year of imprisonment) sentenced by the court below is too unreasonable.

2. Determination

A. Although the judgment as to the claim of mental disability is recognized that the defendant was aware of drinking immediately before the crime of this case, it cannot be deemed that the defendant had the weak ability to discern things or make decisions due to drinking, in light of the motive, background, means and methods leading up to the crime of this case, and the circumstances before and after the crime.

The defendant's argument of mental disability is without merit.

B. There are favorable circumstances, such as the Defendant’s recognition of both the instant crime and the degree of tangible power exercised by the Defendant, and the fact that the lower court agreed with the victim of the crime of property destruction and damage.

However, considering the fact that the Defendant repeatedly committed the same kind of crime against unspecified or large number of victims over a considerable period of time, and the nature of the crime is not good, that the Defendant has been punished several times including the punishment for the same kind of crime, and that the Defendant committed the crime of this case without being aware of it even though it was a repeated crime period for the same kind of crime, and that it still did not reach an agreement with the victims other than the victims of the crime of causing property damage, and other circumstances that form the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., it cannot be deemed unfair because the lower court’s punishment is too excessive.

Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, on the grounds that the appeal by the defendant is without merit.

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