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(영문) 서울남부지방법원 2019.08.29 2019노1093
특수재물손괴
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the crime, the Defendant was in a state of mental and physical disability due to the dynamic disorder and the addition of a maniculative disorder.

B. The sentence imposed by the lower court (two months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental disorder, the fact that the Defendant received treatment of mental illness, such as depression for a considerable period of time, and the fact that the Defendant was hospitalized after the diagnosis of stimulative disorder and stimulation after the instant crime was committed is acknowledged. However, in light of the background, means, method, and the Defendant’s act before and after the instant crime, etc. known by the records, it cannot be deemed that the Defendant did not lack the ability to discern things or make decisions at the time of the instant crime.

The defendant's mental disorder is without merit.

B. The circumstances favorable to the Defendant are as follows: (a) the Defendant recognized the facts charged and against the wrong determination of the allegation of unfair sentencing; (b) the victim expressed his/her intent not to want the punishment of the Defendant at the time of the investigation as well as at the time of the trial; and (c) the mental and medical disease, which is the Defendant’s branch, appears to have affected the instant crime

However, the crime of this case is very difficult to commit the crime of this case because it has stamped the taxi glass, and has destroyed it.

In addition, the defendant had already been investigated or punished for several violent crimes, and the defendant had been in the probation period due to the crime of property damage at the time of the crime of this case, but did not know about the crime of this case.

In the records, it seems that there is no inevitable circumstance that the defendant cannot manage his own mental disease properly.

In addition to this point, the age, character and behavior of the defendant.

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