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(영문) 서울북부지방법원 2020.06.16 2020노181
특수재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant is mentally ill-incompetent who committed the instant crime in a state of mental disability due to alcohol alcohol disorder.

B. The lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court, it is recognized that the Defendant was in a state of drinking alcohol to a certain extent at the time of the instant crime.

However, there is no evidence to prove that the Defendant suffered from alcohol dementia at the time of the instant crime. In light of the background leading to the instant crime, the method of the crime, and the circumstances before and after the instant crime, etc., the Defendant appears to have suffered from alcohol dementia at the time of the instant crime, and thus, the Defendant’s assertion is without merit.

B. There is no new reason to consider the sentencing after the decision of the court below on the assertion of unfair sentencing is rendered, and there is a same kind of criminal records leading to the sentencing of the defendant, and even during the last five years, in full view of all the sentencing conditions as shown in the arguments, including the defendant’s age, character and conduct, motive, means and result of the environmental crime, and the circumstances after the crime, etc., the sentence of this case is too unreasonable, considering the following factors: (a) imprisonment with prison labor on May 11, 2016 for fraud; (b) imprisonment with prison labor on March 16, 2018; (c) interference with business; (d) imprisonment with prison labor on April 10, 2019; and (e) imprisonment with prison labor on April 10, 2019; and (e) imprisonment with prison labor on the part of fraud; (b) the victim’s damage was recovered or the victims did not obtain a letter; and (c) all the sentencing conditions as

Therefore, this part of the defendant's assertion is without merit.

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

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