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(영문) 서울고등법원 2013.05.02 2013노736

특정범죄가중처벌등에관한법률위반(절도)등

Text

Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

Reasons

1. The main point of the grounds for appeal is that the punishment (two years and six months of imprisonment) imposed by the court below on the defendant and the candidate for medical treatment and custody (hereinafter “defendant”) is too unreasonable.

2. Determination

A. The part of the defendant's case is favorable to the defendant, such as the confession of the crime of this case and the depth of his mistake is divided, and the defendant committed the crime of this case in a state of mental disorder caused by the mental retardation of the longitude, etc.

However, in full view of the fact that the Defendant committed the instant crime, even though having been sentenced four times of punishment due to the same thief as the instant crime, and one time of suspended sentence, and the various sentencing conditions as shown in the instant pleadings, such as the age, character and conduct, environment, family relationship, circumstances and details of the instant crime, etc., the lower court’s sentence is too unreasonable.

B. Although the Defendant filed an appeal against the part of the medical treatment and custody claim case, the Defendant and his/her defense counsel did not assert any grounds for appeal against this part, and there is no reason to investigate and reverse this part ex officio even after examining the judgment below.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 51 of the Medical Treatment and Custody Act on the grounds that the defendant's appeal is without merit.

(However, it is obvious that “three years of imprisonment - 37 years of imprisonment” as stated in the part of “the scope of the applicable sentences” in the reasoning of the lower judgment is a clerical error in the “one year and six months of imprisonment - 18 September”, and thus, it shall be corrected in accordance with Article 25 of the Regulations on Criminal Procedure.