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(영문) 인천지방법원 2017.09.22 2017노2735
공용물건손상등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing each of the instant crimes.

B. The sentence of the lower court (one year and six months of imprisonment and fine of 500,000 won) against the illegal defendant in sentencing is too unreasonable.

2. Determination:

A. According to the record as to the assertion of mental disorder, even though the defendant was under the influence of alcohol at the time of each of the crimes in this case, considering the background, process of the crime, the defendant's behavior before and after the crime, etc., it does not seem that the defendant had no or weak ability to discern things, so the defendant's mental disorder argument is without merit.

B. As to the wrongful assertion of sentencing, there is no history of criminal punishment prior to the instant case, and there is a circumstance favorable to the Defendant that the Defendant has led to the confession of the crime.

However, considering the fact that the Defendant was arrested as the current offender five times prior to detention, and the Defendant continued to commit the crime, and does not seem to have serious efforts to recover damage, and other various circumstances, including the Defendant’s age, sex and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

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

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

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