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(영문) 서울중앙지방법원 2014.07.18 2014노1551
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in the state of mental disorder or mental disorder.

B. The first instance of the unfair sentencing decision (the fine of 1.5 million won) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, although the defendant was found to have been somewhat drinking at the time of the crime of this case, in light of the background leading up to the crime of this case, the means and method of the crime, and the circumstances after the crime, etc., the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime.

Therefore, the defendant's above assertion is without merit, since it cannot be seen as having reached a weak or weak state.

B. In full view of the various circumstances, including the absence of recovery from damage to the allegation of unfair sentencing, as well as the developments leading up to the instant crime, the extent of damage, the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, and criminal records, etc., the first instance court’s punishment does not seem to be unreasonable. As such, the Defendant’s above assertion is without merit.

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

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