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(영문) 대구지방법원 2017.01.25 2016노4878
건조물침입등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical disorder, even though the defendant was found to have dice to a certain degree at the time of each of the crimes of this case, in light of the defendant's usual drinking amount, the process and process of the crime, the means and method, the defendant's behavior before and after the crime of this case, etc., the defendant was in a state of lack or lack of ability to discern things or make decisions under the influence

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

B. It is recognized that the Defendant, who made a judgment on the unfair argument of sentencing, divided his mistake, paid KRW 20,000 to the victim J of Property Damage and Interference in Business, and agreed with the said victim.

However, in light of the forms and methods of each of the instant offenses, etc., the Defendant committed each of the instant offenses without being aware of the fact that the Defendant was not guilty of the nature of the offense; the Defendant was sentenced to a fine through several times; the suspension of execution; and even if having been sentenced to punishment, the Defendant did not receive any letter from victims E and G; the Defendant did not have any change in circumstances that could otherwise determine the Defendant’s age, sex and behavior; the environment; and the motive, means and consequence of each of the instant offenses; and the circumstances after the commission of the instant offenses, etc., it is not deemed unfair for the lower court to have imposed all of the sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sex and behavior; and the motive, means and consequence of each of the instant offenses

Therefore, the defendant's above assertion is without merit.

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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