(영문) 서울중앙지방법원 2013.10.17 2013노2779

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(영문) 서울중앙지방법원 2013.10.17 2013노2779

재물손괴

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime with mental disorder, the lower judgment, even though the Defendant was in a state of mental disorder due to the mental disorder, was unlawful.

B. The lower court’s sentencing (one million won of fine) is too unreasonable.

2. Determination on the grounds for appeal

A. With respect to the assertion of mental disorder, there is no evidence to prove that the defendant suffered from her early illness at the time of the crime of this case, and in light of the various circumstances revealed in the records such as the background leading up to the crime, details of the crime, and the defendant's behavior before and after the crime of this case, the defendant lacks the ability to discern things and make decisions.

This part of the defendant's assertion is rejected, since it is not recognized that the defendant had reached the above status of absence of such ability.

B. The circumstances are as follows: (a) the Defendant’s mistake is against the Defendant’s depth on the assertion of unfair sentencing; and (b) the fact that it is not good for mental health and economic conditions.

However, on August 10, 201, the Defendant committed the instant crime, even though he/she was sentenced to a suspended sentence of two years and a probation order for ten-month imprisonment due to the crime of property damage, etc. on or around August 10, 2011, and was sentenced to a suspended sentence, and even during the suspended sentence, the degree of damage is not minor, and no special circumstance or circumstance exists that may be newly considered in sentencing after the lower judgment was sentenced, and there is no change in the circumstances or circumstances that may be newly considered in sentencing. In full view of all other circumstances, including the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the Defendant’s assertion on this part is rejected.

3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제4항

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