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(영문) 수원지방법원 2014.07.03 2014노2226

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the legal principles as to mental and physical disorder, which judged otherwise in light of the fact that the defendant committed each of the crimes in this case under the influence that he was unable to discern things or make decisions due to a mental and physical disorder under the influence of alcohol.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. In light of the background, process, means and method of the instant crime, the Defendant’s act before and after the instant crime was committed, etc. as to the assertion of mental and physical disorder, the Defendant did not appear to have been under the influence of alcohol at the time of the instant crime, and thus, the Defendant’s allegation in this part is without merit.

B. Although the Defendant acknowledged the instant crime as to the assertion of unfair sentencing, the Defendant committed the instant crime, and violated his mistake, the instant crime is a continuous theft of cash or goods by intrusioning on a commercial building or house, and the nature of the crime and the circumstances of the crime are very inappropriate in light of the applicable law and habituality, etc., and the Defendant again committed the instant crime within the repeated crime period, even though he had had the record of punishment for the same kind of criminal offense, such as five times or more due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and even if he was punished for the same offense, he again committed the instant crime within the repeated crime period, and did not agree with the victims even before the trial, and did not take any particular measures for recovery from damage, etc., taking full account of various sentencing conditions in the records and arguments, such as the Defendant’s age, family environment, situation before and after the crime, etc., and thus,

3. Thus, the defendant's appeal is without merit.