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(영문) 수원지방법원 2018.11.29 2018노5390
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. The abstract of grounds for appeal (mental disorder and sentencing);

A. The Defendant, with mental and physical disorder, committed each crime under the mental and physical loss or mental weakness by drinking alcohol.

B. The lower court’s sentence (10 months of imprisonment) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. According to the records of the instant case’s determination on the assertion of mental and physical disorder, in the case of each of the crimes of “2017 Highest 2200, the Defendant appears to have served the drinking at the time. However, in the case of each of the crimes of “2017 Highest 2305, the Defendant had served the drinking at the time of the commission of the crime.”

There is no extenuating circumstance to view.

Even at the time of committing each of the crimes of "2017 Highest 2305", the defendant was in a state of drinking.

In full view of the circumstances leading to each of the instant crimes, the means and methods of the commission of the crime, and the circumstances before and after the commission of the crime, the Defendant was under the influence of alcohol and had no or weak ability to discern things.

It does not seem that it does not appear.

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

B. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the unfair argument of sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances in which the new materials on sentencing have not been submitted in the trial before the court below, and there is no change in the conditions of sentencing compared to the lower court’s judgment, and the circumstances in which the Defendant alleged for the unfair reason of sentencing are already reflected in the sentencing grounds of the lower court’s age, sex, environment, and the fact that the circumstances in which the Defendant alleged for the unfair reason of sentencing are likely to have already been reflected in the lower court’s sentencing grounds, and in full view of various other circumstances, such as the Defendant’s age, sex, and criminal history, motive, means, and consequence of the crime, the circumstances after the crime, etc

. the defendant's objection.

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