특정범죄가중처벌등에관한법률위반(절도)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability with mental disorder.
B. The court below's decision on unreasonable sentencing: one and half years of imprisonment
2. Determination
A. According to the record as to the assertion of mental disorder, it is acknowledged that the defendant was in a drunken state at the time of the crime of this case, but the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime of this case in light of the circumstance leading to the crime of this case, the means and methods of the crime, and the circumstances after the crime.
Therefore, this part of the defendant's assertion is without merit.
B. As to the assertion of unfair sentencing, although the defendant is against the defendant, part of the damaged goods was returned at the arrest site of the defendant, the defendant agreed that the defendant was a person who has rendered distinguished services to the defendant in Vietnam, etc., and the defendant was a person who has rendered distinguished services to the defendant in the Vietnam War, the defendant was sentenced to six times of larceny and was sentenced to imprisonment with prison labor for larceny on September 2, 2009, in particular, on September 2, 2009, and the execution of the sentence was completed on September 2, 2009 and did not know of the fact that the defendant committed the crime of this case without being aware of the fact that he committed the crime of this case. The crime of this case falls under Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and its statutory punishment falls under imprisonment with prison labor for life or for not less than three years, and thus, the defendant's imprisonment with prison labor for one year and six months, which was sentenced by the court below, is the minimum punishment, and it is not reasonable.
3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.