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(영문) 서울남부지방법원 2019.03.14 2018노2135
공용물건손상등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was drunk at the time of committing each of the instant crimes, and was in a state of mental disability, and the lower court erred by misapprehending the grounds for mitigation of responsibility.

B. The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment and fine of 600,000 won) is excessively unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental disorder, the Defendant was found to have been in a state of drinking alcohol at the time of each of the instant crimes. However, in light of the background, means, methods, and the Defendant’s act before and after each of the instant crimes, it does not appear that the Defendant had weak ability to distinguish things or make decisions due to drinking alcohol at the time of the instant crimes.

The defendant's mental disorder is without merit.

B. The Defendant recognized his mistake and did not repeat the allegation of unfair sentencing.

The defendant is in a situation in which he/she needs continuous medical treatment after he/she is administered with a detailed acute fluorial fluence.

However, the Defendant had been punished for violent crimes, such as obstruction of business, obstruction of performance of official duties, and injury, at least 20 times, and the Defendant committed each of the crimes of this case in addition, since there has been no time to complete the execution of punishment due to obstruction of performance of official duties, and the risk of recidivism is high.

In addition, the defendant was unable to receive a letter from the victim of the crime of interference with business or assault.

The judgment below

There is no significant change in circumstances to consider the sentencing of the accused after the sentence.

In addition, the sentencing of the lower court is reasonable in full view of various circumstances, including the Defendant’s age, character and conduct, motive and background of the offense, and circumstances after the offense.

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