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(영문) 의정부지방법원 2017.11.22 2017노2460
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who has lost his mind and body or has committed the instant crime under the condition of mental and physical loss or mental weakness.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical loss or mental weakness, even though the defendant was in a drunken state at the time of the crime of this case, considering the details and contents of the crime, the defendant's actions before and after the crime of this case, etc., the defendant lost his ability to discern things or make decisions or did not seem to have lost his ability to discern things, and thus, the defendant's mental and physical loss or mental weakness allegation is without merit.

B. Although the defendant's wrong determination of the crime of damage to property, there are many criminal records of the same kind of crime against the defendant, in particular, despite the fact that the crime of damage to property was committed again during the suspended execution period, the victim did not recover and agree with the victim, there are no special circumstances to change the sentence of the court below, and there are no other circumstances to change the defendant's age, sexual behavior, occupation, environment, circumstances after the crime, etc., the court below's punishment is too too unreasonable, and therefore, the defendant's improper assertion of sentencing is also groundless.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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