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(영문) 서울남부지방법원 2015.08.27 2015노556
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s failure to recognize the mental and physical disorder of the Defendant was unlawful, even though the Defendant was under the influence of alcohol at the time of each of the instant crimes, even though he did not have or weak ability

2. According to the evidence duly admitted and examined by the court below, the defendant was found to have drinking at the time of each of the crimes of this case, but in light of various circumstances, such as the process, method and method of the crime, and the defendant's speech and behavior before and after the crime, it does not seem that the defendant had the ability to discern things or make decisions due to drinking, and therefore, the above assertion by the defendant is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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