야간건조물침입절도등
The judgment below
Among them, each of the crimes listed in the second 681, second 2017, second 948, second 2017, second 1 to 4, second 1971, second 2017;
1. Summary of grounds for appeal;
A. Mental and physical loss: The Defendant was unable to discern things or make decisions due to the mental delay at the time of each crime.
B. Improper sentencing: The punishment of the lower judgment [i] [a crime as indicated in the [2017 highest order 826, 2017 highest order 197 highest order 1971 (hereinafter “first crime”): Imprisonment with prison labor for April, 2017; (ii) each crime as listed in the highest order 681; (iii) each crime as listed in the highest order 2017 highest order 948; (iv) 1 through 4, 2017 highest order 197 highest order 197; and (v) a crime as listed in the highest order 2017 highest order 2322 (hereinafter “second crime”): imprisonment with prison labor for one year] is too heavy.
2. Determination
A. In full view of the evidence duly adopted and examined by the court below, the defendant was found to have been in a mental delay at the time of committing each crime, but the defendant did not have the ability to discern things or make decisions due to the fact in light of the circumstances leading to committing the crime, the means and method of the crime, and the circumstances after the crime.
As such, the defendant's assertion is without merit.
B. The sentence of punishment is a favorable reason for sentencing, including: (a) the Defendant’s confession of the crime, the fact that there is a mental disorder, the circumstance of the crime; (b) some victims have agreed with the lower court; (c) the first and third crimes of the second crimes of the first instance judgment in the second instance judgment in the second instance judgment in the first instance judgment in the second instance judgment in the second instance; (d) the attempted robbery in January, 2017 after being sentenced to a suspended sentence of three years in the year and six months (the suspended sentence of imprisonment in the lower judgment); and (c) there was no record of criminal punishment other than the attempted robbery in January, 2017 (the suspended sentence of imprisonment in the lower judgment); and (d) the first crime should be judged simultaneously with the attempt to commit the above robbery in which the judgment became final and conclusive; and (e) the crime of the second crime during the suspended sentence of imprisonment is committed, and there is a considerable number of times of the crimes; and (e) the crime of the second crime during the suspended sentence of the above imprisonment.
The age, family relation, economic situation, circumstances leading to the crime, and motive of the above sentencing grounds.