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(영문) 서울고등법원 2013.04.04 2012노3283

강도치상등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed the instant crime under the lack or weak ability to discern things or make decisions due to mental illness, such as a mental disorder, depression, etc., even though the lower court did not consider it.

The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the fact-finding results of fact-finding and the mental diagnosis results of the medical treatment and custody center, the defendant is acknowledged to have been subject to pharmacologic treatment due to a re-sule disorder (e.g., e., e., e., e., g., e., e., e., e., g., e., e., g., e., e.

However, in light of the process, means and methods of each of the crimes of this case, the defendant's behavior before and after the crime of this case, etc. acknowledged by the above evidence, it is recognized that the defendant did not have or lacks the ability to discern things or make decisions due to mental illness at the time of each of the crimes of this case.

Therefore, this part of the defendant's argument is without merit.

B. As to the assertion on unfair sentencing, the Defendant prepared in advance knife, Cheong tape, Mack, etc. and committed robbery on the grounds that only a mixed restaurant with a female owner at a latest time has committed robbery, and thus, the Defendant is highly likely to commit the crime.

Furthermore, for a short period of time, the Defendant committed several crimes under the same law seven times or repeated, and in particular, the victimO suffered from the victim's son's son's son's son's son's son's son, but did not agree with the victims including the aboveO.

In addition, considering the character, character, environment, circumstances and result of the crime, all of the sentencing conditions in the case, such as the situation after the crime, etc.