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(영문) 수원지방법원 2016.05.12 2016노1579

특정범죄가중처벌등에관한법률위반(절도)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical weakness with mental illness, such as depression, at the time of committing each of the larceny in the instant case.

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mental disorder, the Defendant suffered from mental illness such as depression at the time of committing each of the larceny in this case

There is no evidence to see, and even if the Defendant suffered from any mental illness at the time of committing each of the larcenys in this case.

Even in light of the circumstances leading to each of the larcenys in this case, the specific method of crime, the defendant's behavior and attitude revealed before and after the crime, and the circumstances after the crime, etc., it cannot be deemed that the defendant had reached a state where the mental illness at the time of each of the larcenys in this case had the ability to discern things or make decisions. Thus, this part of the defendant's assertion is without merit.

B. The fact that the Defendant recognized all of the instant crimes when the judgment on the wrongful argument of sentencing was made in the first instance, and that the amount of damage caused by the instant larceny or the instant fraud is not relatively large, etc. is favorable to the Defendant.

However, the Defendant committed each of the instant offenses within the repeated crime period that has been punished several times, including eight times of punishment for the same type of larceny, and not yet several months after release, and the Defendant presented a false certificate of qualification in order to avoid paying the drinking value in the course of the instant fraud crime, or took an attitude that the victim N would report his/her intent to do so in an unlawful manner, etc. In full view of all the sentencing conditions such as the Defendant’s age, sexual behavior, environment, and family relationship, the lower court’s sentencing cannot be deemed unfair because it is too too much unreasonable.

Therefore, it is true.