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(영문) 서울남부지방법원 2019.03.14 2018노2122
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant was suffering from mental illness at the time of the instant crime, and was in a state of mental disorder by drinking.

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

2. 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 disability, it does not seem that the Defendant had the weak ability to discern things and make decisions at the time.

3. In full view of various circumstances, including the Defendant’s age, character and conduct, environment, relationship with the victim, motive and consequence of the crime, and circumstances after the crime, etc., the lower court’s sentencing cannot be deemed to be too heavy beyond the scope of reasonable discretion, in view of the following circumstances: (a) the Defendant committed several crimes on the assertion of unfair sentencing; (b) the number of offenses was defective; (c) the victims except the victim E did not receive a letter; and (d) there were no new special circumstances or changes in circumstances that may be reflected in the sentencing after the sentence of the lower judgment.

4. 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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