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(영문) 서울중앙지방법원 2016.03.18 2015노4847
공용물건손상등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding and mental and physical disorder did not commit the instant crime, and even if the Defendant committed the instant crime, the Defendant was deemed to have committed the instant crime.

Even if mental disability at that time was lost or mentally and physically weak due to mental disability.

B. The sentencing of the lower court’s unfair sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of facts and mental and physical disorder, the defendant damaged the victim D's property as shown in the judgment of the court below and inflicted injury upon D in need of approximately two weeks of medical treatment, damaged the goods within the criminal team office of the Seoul Air Force Police Station, and the fact that the victim I inflicted an injury on the victim I for the number of days of medical treatment. Thus, the defendant's assertion of mistake is without merit.

According to the records, although it is suspected that the defendant was suffering from a certain mental illness, in light of various circumstances, such as the content of each of the crimes in this case, the process and method of and methods for the crime, and circumstances after the crime, the defendant was in the state that the defendant was in a state that he was unable or lacking to make a decision on the right and wrong, or that he was unable to make a decision

Since the defendant's mental and physical disability cannot be seen, the defendant's argument is without merit.

B. Although there are no favorable circumstances for the Defendant, such as the fact that the degree of damage is not serious to the unfair argument of sentencing, and the victim D stated the purport that the Defendant was the Defendant’s wife at the court below’s court, the Defendant had been punished several times, including the sentence and the suspended execution, due to the same crime, and the Defendant again committed each of the instant crimes on April 20, 2015, as he was sentenced to imprisonment with labor for not more than one year, due to the obstruction of the execution of official duties, and was sentenced to imprisonment with labor for the same crime, and not more than one year, and thus, committed each of the instant crimes.

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