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(영문) 수원지방법원 2017.02.03 2016노7921
공용물건손상등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant had a physical and mental weak state with both polar disorder and alcohol dependence.

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

2. Determination

A. The Defendant also asserted the same purport in the lower court’s judgment, and the lower court rejected the said argument by explaining the detailed reasons in the part “mental and physical weakness” during the period of the judgment.

When the judgment of the court below is examined closely with the evidence, the judgment of the court below is just, and there is no error as alleged by the defendant.

B. The Defendant acknowledges and reflects a criminal act, and the Defendant suffers from polar disorder and alcohol dependence, and the Defendant shall be faithfully treated in the future.

It is reasonable to consider in favor of sentencing.

However, considering the following factors: (a) the Defendant threatened victims of dangerous things, and the nature of the crime is serious; (b) the Defendant had the record of having been punished several times as a violent crime; and (c) repeatedly committed the violent crime of this case during the period of repeated crime resulting from the same kind of crime; and (d) there are no special circumstances to change the punishment of the lower court when considering various sentencing conditions, such as the Defendant’s age, sex, criminal records, motive and means of the crime; and (b) the circumstances before and after the crime, the lower court’s punishment is too unreasonable.

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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