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(영문) 서울중앙지방법원 2016.04.07 2016노146
특수재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant, who was physically and mentally weak, committed each of the instant crimes under the influence of alcohol at the time of each of the instant crimes, the punishment should be mitigated.

B. The sentence sentenced by the lower court (one hundred months of imprisonment) is too unreasonable.

2. Determination:

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mental and physical weakness, the Defendant could acknowledge the fact of drinking at the time of each of the instant crimes, but thereby, the Defendant had the ability to discern things or make decisions.

It does not appear.

The above assertion by the defendant is without merit.

B. In full view of the following: (a) the nature and nature of the instant crime and the circumstances of the offense are not somewhat weak; (b) the Defendant re-offending the instant crime as a repeated offense even after having been sentenced to a punishment for the same kind of crime and having completed the execution of the sentence; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (d) all the sentencing conditions indicated in the records and theories on changes, such as the record of the instant case and the circumstances after the crime, such as the Defendant’s mistake, even if considering the fact that the Defendant’s mistake is recognized and the victim does not want the punishment against the Defendant, the sentencing of the lower court is too excessive beyond the reasonable scope

The defendant's above assertion also is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to do so.

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