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(영문) 서울남부지방법원 2018.05.24 2018노356
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the gist of the grounds for appeal: (b) the Defendant’s mistake is recognizing and opposing the Defendant’s mistake; (c) the damage of property was committed by the alcohol due to the damage of property; (d) the amount of fraud and theft damage is not large; and (e) the suffering of mental illness is suffering and the economic situation is very poor, the punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.

2. There are no special circumstances or changes in circumstances that can be reflected in sentencing after the decision of the lower court was rendered.

Considering the circumstances alleged by the Defendant, the Defendant already committed four crimes among the five crimes of this case only during the period of May 1, 2017, and the remaining crimes were committed around August 30, 2017, which had a significant interval of time, and were determined on December 23, 2016 by being subject to a suspended sentence due to interference with the performance of official duties on December 15, 2016. ② As such, the Defendant was in the period of suspended execution of official duties; ② even though he was under investigation and judgment due to a separate crime committed during the suspended sentence period, the Defendant again committed each of the crimes of this case; ③ The Defendant concentratedly committed four crimes among the five crimes of this case only during the period of three months, and the remaining crimes were also committed around August 30, 2017, which had a significant interval of time; ④ The Defendant considered a short period of time and repeated crimes for a period of time; ⑤ The Defendant was extremely high in risk of recidivism; ⑤ the Defendant’s age, means and conditions of punishment, etc.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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