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(영문) 서울동부지방법원 2018.07.27 2018노395
재물손괴
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 punishment sentenced by the lower court (2 million won) 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 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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