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(영문) 대구지방법원 2019.01.17 2018노4169
공용물건손상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental disorder or mental disorder.

B. The lower court’s sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the background leading up to the instant crime, the means and method thereof, the Defendant’s attitude and behavior before and after the commission of the crime, and the circumstances after the commission of the crime, etc. acknowledged by the evidence examined by the lower court as to the assertion of mental and physical disorder, it cannot be deemed that the Defendant had drinking alcohol at the time of the crime, but it cannot be deemed that the Defendant did not have the ability to discern things or make decisions.

B. On July 18, 2018, the Defendant committed the instant crime on the same day even though he/she was sentenced to a stay of execution for April due to the crime of obstruction of performance of official duties on the grounds that he/she committed the instant crime on the same day.

In full view of the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the lower court’s sentencing is not unfair.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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