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(영문) 춘천지방법원 강릉지원 2014.03.18 2013노619
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of alcohol, the Defendant committed the instant crime in a state of mental disorder.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the judgment and evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is recognized that the defendant was under the influence of drinking alcohol to a certain extent at the time of the crime of this case, but did not have the ability to discern things or make decisions in light of the form and method of the crime of this case, the defendant's speech and behavior at the time of the crime of this case.

did not appear to have existed in or weak condition.

B. The Defendant submitted a written agreement on the assertion of unfair sentencing to the effect that he/she led to the confession of the crime and accepted the entrance doors of the damaged community center and residents including D do not want the punishment of the Defendant.

However, the Defendant was sentenced to imprisonment with prison labor due to death or injury, and the Defendant was released on parole, and the Defendant committed the instant crime.

In addition, the defendant damaged the entrance of the community hall and the satellite antenna, etc. on the ground that the defendant did not have any interview when the defendant was sentenced to the crime of the above bodily injury, and the motive or method of committing the crime is considerably poor.

Nevertheless, the lower court sentenced the Defendant to imprisonment with prison labor for not less than one year, which is a statutory penalty for the instant crime, and sentenced the Defendant to imprisonment with prison labor for not less than six months.

In addition to the above circumstances, in full view of various sentencing conditions indicated in the instant case, including the Defendant’s age, character and conduct, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, the lower court’s sentence cannot be deemed unreasonable.

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

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