(영문) 서울중앙지방법원 2017.01.12 2016노3620

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(영문) 서울중앙지방법원 2017.01.12 2016노3620

공용물건손상

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime with mental and physical weakness, the Defendant was under the influence of alcohol, and was receiving treatment due to a public disorder, etc., and had weak ability to discern things or make decisions.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical weakness, even though the defendant was found to have received a medical treatment for a certain period of time due to drinking or anti-competitive disorder at the time of committing the instant crime, in light of the circumstances acknowledged by the evidence duly adopted and investigated by the court below, the police vehicle, and the type of the crime, such as going on 10 times or launchings, etc., at the time of committing the instant crime, the defendant was under the influence of alcohol or lacks the ability to discern things or make decisions due to the lack of mental and physical disorder.

There is no other evidence to prove that there is no other evidence to prove it.

This part of the defendant's assertion is without merit.

B. Although the Defendant recognized the instant crime as to the wrongful argument of sentencing, the instant crime does not seem to be unfair because the sentence of the lower court is too unreasonable in light of the following: (a) the Defendant destroyed the police vehicle provided to public service without any specific motive, and the nature of the crime is very bad; and (b) other circumstances that are conditions for sentencing as indicated in the record, such as the Defendant’s age, sexual conduct, environment, and circumstances after the crime.

We do not accept the defendant's unfair argument of sentencing.

3. 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.

유사 판례

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-서울고등법원 2016.03.31 2015노3487

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