특정범죄가중처벌등에관한법률위반(절도)
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Prosecutor 1) Although it cannot be deemed that the Defendant was in a weak state of the ability to discern things or make decisions at the time of stopping each of the instant crimes, the lower court’s judgment is unreasonable. 2) The sentence against the Defendant by the lower court of unfair sentencing (two years and six months of imprisonment) is too uneasible and unfair.
B. The lower court’s sentence against Defendant is too unreasonable.
2. Determination
A. The lower court determined that the Defendant was in a state of mental disability at the time of committing the instant crime, in light of the following: (a) the Defendant was diagnosed as a mental retardation of the longitude; and (b) the motive for committing the instant crime; (c) the background and means of and manner for committing the instant crime; (d) the Defendant’s conduct before and after the instant crime; and (e) the Defendant’
Examining the evidence duly admitted by the court below in light of the records, the above determination by the court below is just and acceptable, and there is no error as alleged by the prosecutor.
B. The Defendant committed each of the instant crimes again during the period of repeated crime to be able to understand even though the Defendant had had been already punished several times due to the same kind of crime, such as the statement in the criminal records as indicated in the judgment of the lower court, and the amount of damage was not much, the victims’ reimbursement for damage was not made, and the victims’ desire to punish the Defendant is disadvantageous to the Defendant.
On the other hand, the fact that the defendant led to the confession of each of the crimes in this case and reflects his mistake in depth, the mental retardation, etc. committed each of the crimes in the state of mental disorder, and the fact that some of the damaged items such as credit cards and bags have been returned to the victims is favorable to the defendant.
The above various circumstances and the defendant's age, character and conduct, environment, motive and circumstances of the crime, the means and results of the crime.