특수절도미수
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability.
B. The sentence of unfair sentencing (one-month imprisonment, etc.) by the lower court is too unreasonable.
2. Determination
A. The Defendant asserted the same purport in the lower court’s determination as to the Defendant’s mental disorder, and the lower court found that there was a suspicion of the Defendant’s mental illness, but the Defendant had a remaining force on the situation at the time of the instant crime. Thus, the Defendant rejected such assertion on the ground that it is difficult to view that the Defendant’s ability to discern the right and wrong of the Defendant at the time of the instant crime
Examining the judgment of the court below closely by comparing it with the records, the judgment of the court below is justified.
Therefore, the defendant's mental disorder is without merit.
B. The instant crime on the assertion of unfair sentencing is deemed to have been committed by the Defendant prepared to commit the instant crime, such as a steel crump, and carried his windows in the heart and attempted to steal money and goods by entering the office of a financial institution, and the relevant crime is heavy in light of the risk of the crime, method of the crime, etc.
The defendant can be punished for the same crime as a crime, including probation.
On the other hand, the Defendant recognized the instant crime and runs against the Defendant.
There are circumstances in which the crime of this case was committed in an attempted crime, and some of the circumstances such as the defendant's mental illness can be considered.
Defendant seems to have a need for medical treatment under the old age, and Defendant’s family members have appealed to the purport that they will well live together, such as promising to give a mental and medical treatment to Defendant.
In addition, the sentencing of the lower court against the Defendant is based on the following factors: the Defendant’s age, environment, background and consequence of the crime, and the circumstances after the crime.