절도등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The lower court’s judgment which did not take account of the fact that the Defendant committed each of the crimes of this case under the lack of the ability to discern things or make a decision because the Defendant suffers from the current injury or mental fission, thereby adversely affecting the conclusion of the judgment by misapprehending the legal doctrine.
B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too heavy.
2. Determination
A. The Defendant alleged that he was suffering from her early illness and franchisty at the time of each of the crimes of this case in the appellate trial, but there is no ground to acknowledge this in the record.
In relation to larceny, etc. committed by the Defendant around April 2017, the Defendant was sentenced to a suspended sentence of imprisonment and a judgment ordering probation and medical treatment by deeming that the Defendant at the time committed the crime of larceny, etc., which was committed by the Defendant, had the weak ability to discern things or make decisions due to his or her own illness, etc., but it is insufficient to recognize that the Defendant still existed in a state of mental disorder even at the time of each of the instant crimes
Therefore, the lower court’s judgment that convicted the Defendant does not err by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
B. There is no particular change in the sentencing conditions compared with the original judgment, and even until now, the victims did not completely recover from their damages, since a new sentencing data was not submitted in the trial on the argument of unfair sentencing.
The defendant has been already sentenced two times to suspended execution for the same crime, including the contents of the crime of this case, the circumstances of the case, the relationship with the victims, and other various kinds of sentencing recorded in the records, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime.