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(영문) 부산지방법원 2013.04.19 2013노874

특수절도미수

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant has a mental illness of a flat and stimulative disorder, and in particular, because the defendant was in a state of mental disability due to shock caused by the death of her mother at the time of the crime of this case, which led to the failure of mitigation of mental disorder, the judgment of the court below is erroneous in misunderstanding of facts or misunderstanding of legal principles as to mental and physical disability, and the judgment of the court below is too unreasonable.

2. In light of the evidence duly adopted and examined by the court below, the facts that the defendant had mental illness due to stimulative disorder, and the defendant's mother-child died during the period of the crime in this case. However, considering the process and contents of the crime in this case, the defendant's attitude after the crime in this case, it is determined that the defendant did not have the ability to discern things or make decisions, and therefore, this part of the defendant's assertion is without merit.

In addition, considering the fact that the Defendant committed the instant crime during the period of repeated crime, that there are many persons who were punished for the same type of crime, and that the Defendant’s age, occupation, and all other matters concerning the sentencing indicated in the records of this case, the lower judgment’s punishment is deemed reasonable, and therefore, the Defendant’s assertion on this part is

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition