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(영문) 서울고등법원 2016.06.10 2016노996
가스방출등
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor: The sentence sentenced by the court below to the defendant (six months of imprisonment) is too unhued and unfair.

B. Defendant 1) Mental and physical weakness: The Defendant was under the influence of alcohol at the time of committing the instant crime, but the lower court committed an unlawful act that misleads the Defendant.

2) Improper sentencing: The sentence (6 months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the evidence duly examined and adopted by the lower court on the assertion of mental and physical weakness, it is recognized that the Defendant was in a certain state of drinking alcohol at the time of the instant crime, but, in light of the Defendant’s ordinary amount of drinking alcohol, the circumstances leading up to the instant crime, the means and method thereof, the Defendant’s behavior before and after the crime, and the circumstances after the crime, etc., the Defendant had weak ability to discern things or make decisions.

Since it is not recognized, the defendant's argument of mental and physical weakness is without merit.

B. The lower court rendered a sentence of imprisonment with prison labor for six months, taking into account the following: (i) the Defendant’s act of this case was unfavorable to the Defendant: (ii) the Defendant destroyed the gas pipeline of the Institute of Public Notice in which many people live, and thus, the Defendant could cause irrecoverable human and material damage if it leads to explosion; (iii) the Defendant was highly likely to commit the instant crime during the period of suspension of execution; (iv) the Defendant was under favorable circumstances; (iv) there was no substantial damage due to the instant crime; (v) the Defendant was under the instant crime; (v) the Defendant was f and E, the operator of the Institute of Public Notice, who was the operator of the Institute of Public Notice, wanting the Defendant’s wife; (v) the Defendant was suffering from the quality of the Defendant’s health; and (v) the Defendant’s act was contrary to the erroneous recognition of the instant crime.

In addition, the age, sex, environment of the defendant as shown in the records;

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