야간건조물침입절도등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. At the time of committing the crime, the Defendant was in a state of mental and physical loss or mental weakness due to mental and physical weakness, such as depression, etc.
B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.
2. Determination
A. According to the record on the assertion of mental and physical disorder, even though the defendant was under medical treatment at the time of the crime of this case, in light of the background of the crime of this case, the means and method of the crime, and the circumstances after the crime, etc., the defendant had no or weak ability to discern things or make decisions due to taking drugs at the time of the crime of this case.
Therefore, the defendant's above assertion is without merit.
B. The Defendant’s judgment on the wrongful argument of sentencing is divided into and against his/her wrong mistake, and the Defendant does not commit a second offense.
The fact that there is a family member to support, that there is a family member to support, and that the victim does not want to punish the defendant is a favorable condition.
However, even though the defendant had been punished several times, including imprisonment with prison labor due to larceny, repeated the crime of this case even during the repeated crime period, the court below seems to have taken into account the circumstances favorable to the defendant, and there is no special circumstance or circumstance that may be newly considered in sentencing after the decision of the court below, and considering all sentencing conditions in this case, such as the defendant's age, sexual conduct, environment, circumstances and result of the crime of this case, the circumstances after the crime of this case, etc., the court below's punishment is too unreasonable. Thus, the above argument by the defendant is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.