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(영문) 서울남부지방법원 2018.08.14 2018노753
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disorder due to drinking at the time of the instant crime.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. In full view of the circumstances leading up to each of the crimes of this case, the means and methods of the crime, the actions of the defendant before and after the crime, the circumstances after the crime, and the amount of reputation of the defendant, which are acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mental and physical disorder, the defendant was found to have been in a very large state of drinking at the time of the crime of this case, but it was found that the defendant was in a situation where he lost his ability to

As such, the defendant's above assertion cannot be accepted.

B. As to the wrongful assertion of sentencing, the degree of damage from the crime of this case is not relatively more severe, and the defendant is recognized as having reached an agreement with some of the victims, but the defendant could have been punished for the same crime, and the defendant again committed the crime of this case without being able to commit the same crime even though he was under repeated crime under the influence of alcohol, and there is no effort to improve it even though the defendant committed the same crime repeatedly under the influence of alcohol, and the court below seems to have determined the punishment by taking into account all favorable circumstances for the defendant, and there is no reason to reduce it differently, and in light of other various conditions of sentencing as shown in the arguments, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, the circumstance after the crime, etc., it is not recognized that the court below's punishment is too unreasonable. Thus, the above assertion by the defendant is without merit

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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