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(영문) 서울고등법원 2017.10.11 2017노1983
폭력행위등처벌에관한법률위반(상습특수재물손괴등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental and physical weakness suffers from alcohol memory and chronic depression, and was mentally and physically under the influence of alcohol at the time of each of the instant crimes.

B. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the records of this case’s determination on the assertion of mental and physical weakness, the Defendant suffers from alcohol dependence and chronic depression, and it is recognized that the Defendant did not participate in the fluence while drinking at the time of each of the crimes in this case and did not inflict bodily injury on the victim D with the back part of the victim D’s car and the victim H.

However, in light of the motive and background of the instant crime, and the means and method of the instant crime, etc., the Defendant had the weak ability to discern things or make decisions at the time of each of the instant crimes.

It is difficult to see that it is.

The defendant's mental and physical weak argument is without merit.

B. Although the Defendant had been subject to punishment more than one time due to the same kind of crime, the Defendant committed each of the instant crimes at the same time during the period of repeated crime, and the fact that the nature and risk of the instant crime are not somewhat weak, etc. are disadvantageous to the Defendant.

However, there are circumstances that are favorable to the defendant, such as the fact that the defendant recognized his mistake and reflects his depth, that the defendant agreed with the victim of the damage of property in the original trial, and that all victims do not want criminal punishment against the defendant in the first instance trial, that the victims are suffering from old age and alcohol memory and chronic depression, so health conditions are not good, and that the defendant's punishment system is trying to prevent the defendant from going against the same kind of crime as the defendant's alcohol dependence treatment while complaining of the defendant's prior action against the defendant in the future.

In addition to the above circumstances, the defendant's character and conduct, family relationship, and family relationship.

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