야간주거침입절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and eight months.
One unit of seized Nowon-do computer (the number of articles.
1. Summary of grounds for appeal;
A. The Defendant had mental and physical loss or mental weakness due to the influence of the drug at the time of committing the instant crime.
B. The sentence of the lower court’s improper sentencing (two years of imprisonment) is too unreasonable.
2. Determination
A. Determination of the existence and degree of mental or physical disorder as stipulated in Article 10 of the Criminal Act as to the assertion of mental or physical disorder shall not necessarily belong to the opinion of a specialized appraiser as a legal judgment, but may be independently determined by the court by taking into account all the circumstances such as the type and degree of mental or physical disorder, motive and background of the crime, means and mode of the crime, the behavior of the defendant before and after the crime, and degree of reflectivity (see Supreme Court Decision 2007Do3391, Jul. 12, 2007, etc.). According to the evidence duly adopted and examined by the court below, it is recognized that the defendant was in a state of multiple substances dependence symptoms at the time of each of the crimes in this case, but it is not recognized that the defendant at the time of each of the crimes in this case did not have the ability to distinguish things or make decisions, in light of the Defendant’s speech and behavior, the circumstances of each
Therefore, the defendant's mental disorder is without merit.
B. It is recognized that the Defendant was sentenced to three years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) on August 19, 201, and committed each of the instant crimes without being aware of the fact that the execution of the sentence was completed on February 25, 2014 and the Defendant was punished several times for the same crime.
However, the Defendant violated each of the crimes in this case, the Defendant voluntarily submitted a theft of intrusion upon residence at night in this case to return the stolen object to the victim, and partial recovery of the damage from intrusion on the night structure in this case was made, the Defendant agreed with the victim E in this case.