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(영문) 춘천지방법원 강릉지원 2017.12.07 2017노403

절도등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the crime, Defendant (mental and physical disorder, and improper sentencing) was in a state of mental or physical loss or mental weakness.

2) The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of the mental disorder, the Defendant was hospitalized in the above hospital due to symptoms such as anxiety and depression from January 4, 2008, and was hospitalized in the hospital due to uneasiness on March 8, 2017, and was hospitalized in the above hospital due to uneasiness, and symptoms showing severe ineasiness and infasible symptoms from the time of hospitalization continued, and the fact that the symptoms have been alleviated but require continuous treatment is recognized.

However, according to the above hospital's factual reply, the defendant seems to have the ability to discern things or make decisions, and even considering the situation at the time of the crime, considering the contents, details, means and methods of the crime, and actions before and after the crime, etc., the defendant does not seem to have failed to have the ability to discern things or make decisions at the time of each crime of this case.

B. As to both of the allegations of unfair sentencing, the Defendant has been punished due to the theft, intrusion of residence, fraud, interference with official duties, etc.

The crime of this case was committed without being aware of during the period of repeated crime.

Violence and insult of a correctional officer who does not reflect his/her prison life and performs legitimate official duties, and damage things of a correctional institution is a bad form of crime and a bad character of crime.

The possibility of recidivism seems to be high.

On the other hand, it seems that the defendant's health condition is not good, and theft damage is recovered from victims due to seizure and return, etc., and it seems that the mental health condition of the defendant, such as uneasiness, might have affected the crime, and other ages of the defendant.