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(영문) 서울고등법원 2013.11.29 2013노1630
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

Reasons

1. In light of the purport of the grounds for appeal and the fact that the defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendants") were in the state of mental disability at the time of the instant case, the sentencing of the court below that sentenced the defendant 10 months imprisonment with prison labor is too unreasonable, in light of the following: (a) the confession of the facts charged, the fact that the defendant is guilty, his mistake is divided in depth; and (b)

2. Determination

A. The Defendant committed the instant crime against the Defendant in the part of the Defendant case: (a) regardless of the fact that she was damaged by she was a knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne

As such, it is necessary to strictly punish the defendant, since it is highly dangerous to file a false complaint to damage a large number of unspecified vehicles and be subject to criminal punishment against others.

Although considering the fact that the Defendant had no ability to discern things or make decisions due to mental illness, which led to the instant crime under the lack of the ability to discern things or make decisions, and that there was no criminal history of the Defendant’s severe punishment, and that part of damage was recovered in relation to damage caused by car-free cars, considering all circumstances, such as the Defendant’s unfavorable circumstances and other circumstances, such as the Defendant’s age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc., it is difficult to deem that the sentencing of the lower court that sentenced the Defendant for 10 months is too unreasonable.

(b).

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