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(영문) 창원지방법원 2016.04.28 2016노83
경범죄처벌법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of this case by the defendant with mental disorder is committed in a state of mental or physical loss or mental weakness due to mental disorder or mental disorder.

B. The punishment of the lower judgment that was unfair in sentencing (1.50,000 won) is too unreasonable.

2. Determination

A. In light of the content, etc. of the crime of this case regarding the assertion of mental disorder, at the time of the crime of this case, the defendant was in the state of having no or weak ability to discern things or make decisions due to harm or mental disorder.

Therefore, this part of the defendant's assertion is without merit.

B. Taking into account the following circumstances: (a) determination of the unfair argument of sentencing; (b) agreement with the victims or failure to make efforts to recover from damage; (c) frequency of the crime; and (d) time and place of the crime committed in this case; and other circumstances that form the conditions for sentencing as indicated in the records, such as the Defendant’s age and sexual conduct, the Defendant’s assertion is unreasonable, and thus, is without merit.

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.

[Provided, That the Punishment of Minor Offenses Act (amended by Act No. 12844, Nov. 19, 2014) shall be amended ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure by correcting ex officio to the former Punishment of Minor Offenses Act (amended by Act No. 12844, Nov. 19, 2014) the part of “Article 1 of the Act on Punishment of Minor Offenses

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