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(영문) 서울서부지방법원 2015.07.09 2014노1770
공연음란등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability with mental disorder.

B. The sentence of the lower court’s unreasonable sentencing (a fine of three million won, and an order to attend sexual assault treatment programs for twenty-four hours) is too heavy.

2. Determination

A. According to the record as to the assertion of mental disorder, the defendant was treated as a victim of alcohol use dependence before the crime of this case, and the defendant was deemed to have drinking at the time of the crime of this case, but there was no ability to discern things or make decisions due to drinking at the time of the crime of this case in light of the defendant's ordinary drinking volume, the background leading up to the crime, the method and method of the crime, and the circumstances after the crime.

Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

B. As to the assertion on unreasonable sentencing, the Defendant’s contingent occurrence of the instant crime under the influence of alcohol is favorable to the Defendant.

However, the Defendant’s act of cutting down a brush in front of the subway station, following the Defendant’s act of cutting down a brush and schilling, and the Defendant’s act of cutting down a disturbance, such as spiting down the brush on the floor, is disadvantageous to the Defendant, that is, the possibility of criticism or illegality, cannot be said to be small.

In addition, considering the overall sentencing conditions stipulated by Article 51 of the Criminal Act, such as the defendant's age, character, conduct and criminal records, the sentence of the court below cannot be deemed unfair because it is too unreasonable.

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

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