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(영문) 서울북부지방법원 2019.01.11 2018노1673
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the event of each of the instant crimes, the Defendant was under the influence of alcohol and had no or weak ability to discern things and make decisions.

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

2. Determination

A. According to the evidence duly admitted and examined by the court below, the defendant was found to have been under the influence of drinking at the time of the crime of this case, but on the other hand, in light of the background, means and methods of the crime of this case, the defendant's behavior before and after the crime of this case, circumstances after the crime of this case, and the contents of the defendant's statement at the investigative agency as to the crime of this case, the defendant did not have the ability to discern things or make decisions due to drinking.

It does not seem to be in a state or weak.

Therefore, the defendant's defectiveness or mental disability argument is without merit.

B. Even when considering the fact that the defendant led to confession and reflect on each of the instant crimes, the amount of damage is relatively minor, the victim C does not want punishment against the defendant, and compensates for the damage to the property damage and damage after the original sentence was rendered, the instant crime is not likely to be committed against the police's order as the police officer who was dispatched after receiving a report on the illegal sentencing argument did not go against the duty of care.

The Defendant, as a crime related to violence, has been sentenced to four times of punishment, one time of suspended sentence of imprisonment, two times of fine, and other crimes, and was sentenced to three times of a fine, and was sentenced to one time of a fine, and was found to have committed the crime of this case, not only during the period of repeated crime due to the same criminal act, but also again

The above circumstances and other circumstances.

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