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(영문) 창원지방법원 2016.10.27 2016노1645
경범죄처벌법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing a crime, the Defendant had no or weak ability to discern things or make decisions due to drinking and mental illness.

B. The judgment of the court below on unreasonable sentencing (the fine of 600,000 won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the defendant suffered from mental illness and drinking alcohol at the time of committing the crime is recognized, but the defendant did not have the ability to discern things or make decisions due to such fact in light of the circumstances leading to the crime, the means and method of the crime, and the circumstances after the crime.

The defendant's assertion is without merit, since it cannot be seen as having reached a weak or weak state.

B. We examine the determination of the assertion of unfair sentencing, the fact that the defendant is against himself while making a confession of the crime, and that he suffers from mental illness is a favorable reason for sentencing, and the fact that there are two or more previous convictions including the previous convictions, is an unfavorable reason for sentencing.

In full view of the above sentencing factors, considering the Defendant’s age, family relation, economic situation, background and motive leading to the crime, and all other matters regarding the sentencing specified in the records and arguments in this case, the judgment below’s punishment is deemed appropriate, and the Defendant’s assertion is without merit.

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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