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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2015.08.28 2015노977
재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. The Defendant was suffering from mental illness at the time of the instant case.

B. In light of the circumstances such as the fact that the defendant is against unreasonable sentencing, the sentence of five-month imprisonment imposed by the court below is too unreasonable.

2. Determination

A. According to the records of mental illness of this case, even though the defendant was suffering from mental illness at the time of the crime of this case, in light of the circumstance leading to the crime, the method and method of the crime, and other circumstances after the crime, etc., the defendant seems to have suffered from mental illness of this case. Thus, this part of the defendant's assertion is without merit.

B. Considering the fact that the defendant is against unreasonable sentencing and suffers from mental illness, the recovery of the crime in this case runs up to 30 times, the defendant has been punished by a fine, and the defendant has no effort to recover damage to the victims, and the defendant has no effort to do so, taking into account the various circumstances, such as the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the court below's punishment is too unreasonable. Thus, this part of the defendant's assertion is without merit.

3. Therefore, 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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