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(영문) 서울남부지방법원 2019.06.13 2018노890
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 3,000,000) is too unreasonable.

2. Determination

A. In light of the Defendant’s speech and behavior or the circumstances before and after each of the instant crimes acknowledged by the records as to the assertion of mental and physical disability, it does not seem that the Defendant had the weak ability to discern things and make decisions at the time, and thus, the Defendant’s assertion of mental and physical disability is rejected.

B. As to the assertion on unfair sentencing, the Defendant committed each of the crimes of this case during the period of repeated crime, and the relevant method is also inadequate.

The judgment below

There is no new special circumstance or change in circumstances that may be reflected in the sentencing after the sentence was sentenced, and considering the following circumstances, comprehensively taking into account the Defendant’s age, character and conduct, environment, relationship to victims, motive and consequence of the crime, and circumstances that constitute the sentencing conditions indicated in the records and arguments in the instant case, such as the circumstances after the crime was committed, the sentencing of the lower court does not seem to be excessively heavy beyond the scope of reasonable discretion.

Therefore, the defendant's assertion is not accepted.

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

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