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(영문) 인천지방법원 2018.03.14 2018노212

특정범죄가중처벌등에관한법률위반(절도)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was physically, mentally, or physically and mentally deprived at the time of committing the instant crime by taking drugs, such as stroke, stroke, alcohol dependence, etc.

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

2. Determination

A. In full view of the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, the defendant was found to have been given a prescription of the non-explosion treatment system, etc. on November 3, 2017. However, there is a lack of evidence to acknowledge that the defendant was taking such drugs at the time of each of the crimes in this case, and the defendant also asserted the above purport in the court below, and the court below acknowledged the defendant's statement as to the defendant's friendly and unexploded treatment system under the title "the judgment on the defendant's and defense counsel's assertion" and rejected the above assertion by considering the circumstances and contents of the crime in this case, the defendant's behavior before and after the crime in this case, the circumstances after the crime in this case, the defendant's memory and degree of the situation before and after the crime in this case, and the attitude in the investigation and public trial procedure, and there is an error of law as pointed out by the court below.

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

B. In light of the following, there is no change of circumstances to consider the sentencing after the judgment of the court below, and considering the various sentencing conditions in the records and arguments of this case, even if the circumstances alleged by the defendant on the grounds of appeal are considered, the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.