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(영문) 서울동부지방법원 2017.11.24 2017노1269
공용물건손상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime by misapprehending the legal doctrine, the Defendant continued to receive treatment with alcohol dependence, and was in a state of mental and physical loss or mental weakness that makes it impossible to make a normal judgment under the influence of alcohol at the time.

Nevertheless, the lower court erred by misapprehending the legal doctrine that found the Defendant guilty of the facts charged of this case, thereby adversely affecting the judgment.

B. In light of the various sentencing conditions of this case where sentencing is unfair, the sentence of three months sentenced by the court below to the defendant is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of misapprehension of the legal doctrine, the Defendant appears to have performed alcohol at the time of the instant crime, but in light of various circumstances, such as the background of the instant crime, the Defendant’s behavior before and after the instant crime, etc., the Defendant did not have the ability to discern things or make decisions due to alcohol dependence or alcohol alcohol at the time of the crime.

It does not seem that it does not appear.

Therefore, the defendant's misapprehension of legal principles is without merit.

B. In full view of the grounds for sentencing indicated in the instant arguments and records, the lower court’s sentencing on the Defendant appears to have been appropriately determined by fully taking account of all the circumstances, including the various grounds for sentencing alleged by the Defendant, and there are no special circumstances to change the above punishment.

Ultimately, we do not accept the defendant's unfair argument of sentencing.

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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