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(영문) 수원지방법원 2014.04.14 2013노6093
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was in a state of mental disorder or mental disability due to drinking.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court and the trial court as to the assertion of mental and physical disorder, it is not recognized that the Defendant was under the influence of alcohol at the time of each of the instant crimes, but considering such circumstances, considering the following: (a) the circumstances surrounding each of the instant crimes; (b) the means and method of the commission of the crime; (c) the Defendant’s attitude and behavior before and after the commission of the crime; and (d) the Defendant’s statement attitude and response at the time of the investigation immediately after the arrest, etc., it is not recognized that the Defendant was under the influence of alcohol at the time of each

B. In light of the fact that the Defendant had been sentenced several times as a single criminal act, even though he/she had been sentenced several times, he/she again committed the instant crime during the period of repeated crime, and other various sentencing conditions stated in the records and arguments of the instant case, including the Defendant’s age, character and conduct, family environment, circumstances of crime, and result, etc., even though considering the fact that the Defendant was able to repent his/her wrong and faithfully live, the lower court’s punishment is too unreasonable.

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

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