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(영문) 서울남부지방법원 2018.06.07 2016노2567
공용물건손상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. From the long time of the commission of the instant crime, the Defendant was suffering from mental illness, such as depression, anti-social personality disorder, bipolartic disorder, etc. for a long time, and the degree of such occurrence is serious. As such, even at the time of the instant crime, the Defendant’s mental illness had weak ability to discern things or make decisions.

B. The punishment sentenced by the lower court (the penalty amount of KRW 500,000) is too unreasonable.

2. In light of the motive and background leading up to the instant crime, the Defendant’s speech and behavior, or the situation before and after the instant crime was committed, which was acknowledged by the record as to the assertion of mental and physical weakness, the Defendant had weak ability to discern things or make decisions due to mental illness at the time of the instant crime.

It does not seem that it does not appear.

3. Even if considering the favorable circumstances in which the Defendant’s health condition, etc. was considered as to the determination of the unfair argument of sentencing, the crime of this case is not likely to be committed in light of the background and method thereof, and in light of a series of speech and behavior, etc., which the Defendant seen from the crime of this case to the trial court after the crime of this case, it does not seem that the Defendant seriously reflects his fault.

In addition, comprehensively taking account of various sentencing conditions indicated in the records of the instant case, such as the criminal records, age, sex, intelligence and environment of the Defendant, and relationship with the victim, the sentencing of the lower court does not seem to be significant.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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