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(영문) 서울동부지방법원 2018.07.27 2017노1953
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was physically and mentally weak due to drinking.

B. The sentence sentenced by the lower court (4 months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. In full view of all the circumstances indicated in the record of the instant case, such as the background of the instant crime and the circumstances before and after the instant crime, the Defendant was in a state of mental disorder with weak mental and physical ability to discern things or make decisions at the time of the instant crime.

subsection (b) of this section.

Therefore, this part of the defendant's assertion is without merit.

B. In full view of the reasoning of the instant case’s argument and the reasons for sentencing indicated in the record, the lower court’s sentencing on the Defendant appears to have been reasonably determined by fully taking account of all the circumstances, including the various reasons for sentencing alleged by the Defendant, and no special circumstance exists to the extent that the lower court’s punishment is modified.

Therefore, this part of the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (Provided, That in accordance with Article 25 (1) of the Rules on Criminal Procedure, ex officio, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the defendant's appeal is corrected to delete 3, 4, and 9, 10 of the judgment below, respectively.)

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