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(영문) 인천지방법원 2015.06.12 2015노1209
소방기본법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was drunk and was in a state of mental disability.

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

2. According to the record as to the claim of mental disability, it is found that the defendant was aware that he had drinking alcohol at the time of the crime of this case, but in light of the background of the crime of this case, the means and method of the crime, and the circumstances before and after the crime of this case, it does not seem that the defendant had the ability to discern things or make decisions, and therefore, the defendant's claim

3. On the assertion of unfair sentencing, a favorable circumstance is that the defendant led to the confession and reflects on the instant crime.

However, in light of the circumstances and contents of the crime of this case, the crime of this case is bad, the defendant has the ability to be subject to criminal punishment, and the crime of this case is committed again without going against the period of repeated crime due to the crime of this case, and other various sentencing conditions specified in the records and arguments, such as the defendant's age and behavior environment, the circumstances before and after the crime, etc., are considered, and it is not unreasonable for the court below to impose the defendant too much punishment

4. 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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