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(영문) 서울동부지방법원 2020.09.11 2020노793
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing each of the instant crimes, and was in a state of mental disability or mental disability.

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant’s assertion of mental disorder is deemed to have been under the influence of alcohol at the time of each of the instant crimes, but in full view of the background of the crime, the process of the commission of the crime, and the Defendant’s behavior before and after the commission of the crime, etc., it does not appear that the Defendant did not have or lacks the ability to discern things or make decisions. Therefore, this part of

B. The lower court’s judgment on the assertion of unfair sentencing seems to have reasonably decided the sentence of the lower court by fully taking into account all the circumstances, including various grounds for sentencing asserted by the Defendant, and there is no change in the sentencing conditions that may change the sentence compared to the lower court, and in full view of various sentencing conditions, including the Defendant’s age, character and conduct, environment, circumstances of the crime, and circumstances after the crime, etc., the lower court’

Therefore, this part of 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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