절도등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. Summary of grounds for appeal;
A. At the time of committing each of the instant crimes, the Defendant was in a state of mental and physical loss or mental weakness due to a physical and mental disorder, drinking, etc.
B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.
2. Determination
A. Determination on the assertion of mental disorder is recognized that the Defendant had drinking alcohol prior to each of the crimes of this case, and received outpatients or hospitalized treatment on several occasions due to dysive disorder, etc.
However, in light of the motive and background of each of the instant crimes, the method and frequency of the crimes, and the attitude of the Defendant before and after the crimes, the Defendant did not have any mental or physical loss or mental weakness due to drinking or mental disorder at the time of each of the instant crimes as indicated in the judgment below
It is reasonable to view it.
This part of the defendant's assertion is without merit.
B. The Defendant had a record of having been sentenced to fines and punishment for suspension of execution for the same crime. On September 15, 2017, the Defendant was arrested in the act of larceny against the victim T, and was released under the fidelity guarantee of punishment on the day.
9. From 17.17. to thief, the fact that the victims were punished by the defendant is disadvantageous to the defendant.
However, the defendant shows his attitude of understanding his wrongs.
Most of the damaged products were returned to the victims.
Finally, five years have passed since the punishment was imposed for the same kind of crime.
The defendant committed each of the crimes of this case intensively during the period in which he was hospitalized due to diversive disorder and repeated outpatient treatment, and considering the motive of the crime, the circumstances after the crime, etc., it did not reach the mental and physical weakness.
Even if the mental illness of the defendant seems to have contributed to each of the crimes in this case.
The defendant has no doubt about economic situation, and his wife has been killed while the judgment is pending.