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(영문) 서울북부지방법원 2018.11.08 2018노1603
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the reasons for appeal (one year and six months of imprisonment) is too unreasonable.

The Defendant explicitly withdrawn the assertion of mental disorder on the first trial date.

2. The court below sentenced the above sentence to the defendant on the grounds of appeal on the grounds of sentencing as stated in its reasoning. All the circumstances favorable to the defendant cited in the grounds of appeal are the circumstances that the court below had already considered in the decision of the court below while determining the punishment, and it is reasonable to respect the sentencing of the court below in this case where there is no change in circumstances that can be newly considered in the court of appeal.

In addition, even if all the sentencing conditions specified in the arguments of this case, such as the character and conduct of the defendant, the environment, the relationship to victims, the result of the crime, the circumstances after the crime, etc., are examined, the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal of this case is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition (Provided, That it is evident that the "Article 10 (2) of the Criminal Procedure Act" was omitted following the 7th page of the judgment of the court below, and therefore, it is corrected to add it ex officio in accordance with Article 25 (1) of the Regulation on Criminal Procedure.

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