특정범죄가중처벌등에관한법률위반(절도)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.
B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.
2. Determination
A. According to the record of the judgment on the assertion of mental and physical disorder, even though the defendant was deemed to have a drinking condition at the time of the crime of this case, in light of the following circumstances, such as the course and process of the crime of this case, the means and method, and the defendant's speech before and after the crime of this case, the defendant did not have the ability to discern things
Therefore, this part of the defendant's assertion is without merit.
B. Although the defendant's wrong determination on the assertion of unfair sentencing is recognized, the defendant did not agree with the victim until this court. The defendant not only has the power to be punished several times for the same crime, but also commits the crime of this case during the repeated crime period. In full view of the circumstances of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, and environment, and other various sentencing conditions as shown in the argument of this case, such as the circumstance of the crime of this case, the circumstance after the crime of this case, the defendant's age, character and conduct, it
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.
However, Article 2-A of the judgment of the court below
B. Since it is apparent that “ March 11, 2013.” stated in each of the facts constituting the crime of this paragraph is a clerical error in the statement of “ February 11, 2013,” it shall be corrected ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure.
.