(영문) 서울중앙지방법원 2013.04.04 2012노4021

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(영문) 서울중앙지방법원 2013.04.04 2012노4021

재물손괴등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes with mental disorder, the Defendant, under the influence of alcohol, was unable or weak to discern things or make decisions.

B. The lower court’s sentence of unreasonable sentencing (fine 3,00,000) is too unreasonable.

2. According to evidence duly adopted and examined by the lower court regarding the assertion of mental disorder, in light of the following: (a) the Defendant was aware of the fact of drinking alcohol at the time of each of the instant crimes; (b) the Defendant made a relatively detailed statement about the background leading to the instant crimes and the circumstances at the time of the instant crimes; (c) the Defendant did not seem to have had the ability to discern things or make decisions under the influence of alcohol; and (d) the Defendant’s mental and physical disorder assertion is without merit.

3. Although the defendant's judgment on the assertion of unfair sentencing is recognized to have a depth of each of the crimes of this case and against it, in light of the background leading up to each of the crimes of this case committed by the victim C and the method of committing each of the crimes of this case, since he was requested by the victim C to repair the equipment damaged by the Defendant E, he cannot be deemed to have been unduly unfair, in view of the fact that the crime was committed by the victim C, and the circumstance leading up to the occurrence of each of the crimes of this case committed by the victim C and the method of committing the crime, and the damage recovery is not conducted at all up to the trial, the defendant's history of punishment is up to five times, and the defendant's age, character, behavior, environment and other conditions of punishment are considered to be considered to be excessive.

4. In conclusion, the defendant's appeal 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.

참조조문

-형사소송법 제364조 제4항

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