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(영문) 부산지방법원 2012.11.16 2012노2940
폭력행위등처벌에관한법률위반(상습재물손괴등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant was drunk and was in a state of mental disability.

B. The sentence of the lower court on the Defendant of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of mental and physical disability, it is recognized that the defendant was in a state of drinking at the time of each of the crimes in this case.

However, in full view of the amount of drinking alcohol and the amount of reputation, the circumstances leading up to each of the crimes of this case, the means and method thereof, and the Defendant’s speech and attitude before and after the crime, it does not seem that the Defendant was in a state of lacking the ability to discern things or make decisions due to drinking at the time of each of the crimes of this case.

Therefore, the defendant's above assertion is not accepted.

B. Each of the crimes of this case on the grounds that each of the crimes of this case on the grounds of unfair sentencing committed by the defendant, who habitually found the defendant in front of the case and caused assault and damage to property and interfere with his work, and the defendant has many records of punishment due to the same crime, such as assault, damage to property, intimidation, etc. on April 16, 209, and in particular, on August 27, 2010, after having been sentenced to imprisonment with prison labor for not less than one year and six months on August 27, 2010 and completed the execution of the sentence on August 27, 2010, two times or less, even if the court received the sentence of a fine in front of the repeated crime, and committed each of the crimes of this case on the grounds that the above court again received the sentence of a fine in front of the repeated crime, and considering all other circumstances, such as the defendant's age, environment, occupation, family relation, etc., the sentence of the court below is unreasonable.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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