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(영문) 서울남부지방법원 2019.01.17 2018노1508

All appeals by the Defendants and the Prosecutor are dismissed.


1. Summary of grounds for appeal;

A. Defendant A (non-incompetent with mental disability, and unreasonable sentencing) 1) suffered from a normal impulse impulse disorder at the time of the instant case, and had weak ability to discern things or make decisions by drinking at the time of the instant case. 2) The sentence sentenced by the lower court of unreasonable sentencing (one year and six months of imprisonment and fine of 300,000 won) is too unreasonable.

B. Defendant B (the mistake of facts, and the mistake of unfair sentencing) did not want the victim of mistake of facts. (2) The sentence (the fine of KRW 2 million) imposed by the lower court of unfair sentencing is too unreasonable and unfair.

C. The public prosecutor (unfair sentencing on Defendant B)’s sentence imposed by the lower court on Defendant B is too uneased and unreasonable.

2. Judgment on Defendant A

A. In light of the circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the Defendant’s claim of mental disability, the Defendant’s ability to discern things or make decisions at the time of committing each of the instant crimes cannot be seen as lacking the ability to discern things at the time of stopping each of the instant crimes.

Therefore, the defendant's argument of mental disability is not accepted.

B. In full view of the fact that the Defendant’s judgment on the assertion of unfair sentencing by the Defendant committed the instant crime again at two months after the date on which the execution of the sentence was completed due to the same kind of crime, the Defendant committed multiple criminal offenses including a number of criminal offenses committed by the same kind of crime, and the Defendant did not agree with some victims, and there was no new special circumstances or changes in circumstances that may be reflected in the sentencing after the sentence of the lower judgment was rendered, and other circumstances, which are the sentencing conditions indicated in the instant records and arguments, including the Defendant’s age, character and behavior, environment, relationship to victims, motive and consequence of the crime, etc., as well as the circumstances after the crime, are considered reasonable.