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(영문) 서울북부지방법원 2020.01.09 2019노1702
특수재물손괴
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The Defendant had a mental disorder at the time of committing the instant crime.

The sentence of the lower court on unreasonable sentencing is too unreasonable.

Judgment

According to the evidence duly adopted and examined by the lower court, the fact that the Defendant was treated with depression is acknowledged. However, in light of the circumstances before and after the instant crime, the background leading up to the instant crime, the method and method of the instant crime, and the Defendant’s behavior at the time of the instant crime, it does not appear that the Defendant did not have the ability or weak ability to discern things at the time of preventing the instant crime.

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

Although the Defendant’s judgment on the assertion of unfair sentencing is recognized and against the Defendant’s act of this case, the Defendant agreed to the Defendant’s consent with the victim and the victim did not want the Defendant’s punishment, and the Defendant’s economic situation is difficult, the Defendant is deemed to have many criminal records on the criminal punishment of the same kind and different types. In full view of all of the following factors, including the Defendant’s age, character and conduct, environment, career, background, means and consequence of the instant crime, and the circumstances before and after the instant crime, the lower court’s sentence is too unreasonable beyond the scope of discretion.

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

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since there is no ground for appeal. It is so decided as per Disposition.

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