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(영문) 광주지방법원 2018.09.12 2018노359
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant, who was physically and mentally weak, was drunk at the time of committing the instant crime, and committed the instant crime under the mental and physical weak condition at the time of the instant crime, the sentence against the Defendant ought to be mitigated.

B. The sentence of the lower court that is unfair in sentencing (an amount of five million won) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical weakness, even though the defendant was aware of drinking alcohol at the time of committing the crime of this case, the defendant's assertion is without merit, since the defendant's ability to discern things or make decisions at the time of committing the crime of this case is not deemed to be lacking in the ability to discern things at the time of committing the crime of this case.

B. Determination of the unfair argument of sentencing is favorable to the Defendant, such as the fact that the Defendant recognized the instant crime and reflected it, and that the victim wanted to take the Defendant’s prior action.

However, considering the following factors: (a) the Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime during the period of repeated crime due to a crime of double-class crime; and (b) the record of punishment for violent crime reaches 20 times, etc., which is disadvantageous to the Defendant; and (c) the fact that there is no particular change in the sentencing conditions compared with the lower court’s judgment; and (d) comprehensively taking account of various sentencing conditions expressed in the instant pleadings,

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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