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(영문) 서울북부지방법원 2019.03.14 2019노91
공연음란등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had a mental disorder at the time of committing the instant crime, but failed to do so.

B. The lower court’s sentence on the Defendant is too unreasonable.

2. Determination on the grounds for appeal

A. In light of the means and methods of the instant crime and the circumstances after the crime, etc., it does not appear that the Defendant had the ability to discern things or make decisions at the time of the instant crime.

Therefore, the defendant's mental disorder is without merit.

B. As to the assertion of unfair sentencing, the Defendant had several capabilities of punishment for the same kind of crime as the instant crime, and even if he was sentenced for the same crime and had been serving as a repeated offender, the Defendant committed the instant crime.

In addition, even if considering the circumstances favorable to the defendant alleged by the defendant, the age of the defendant, the result of the crime, the circumstances after the crime, etc., as shown in the argument of this case, the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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