특정범죄가중처벌등에관한법률위반(절도)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. At the time of the instant case, the Defendant had weak ability to discern things or make decisions due to mental disability, etc.
B. The punishment sentenced by the lower court (one year and six months of imprisonment) is excessively unreasonable.
2. Determination
A. Although the defendant alleged that he was in a state of mental disorder at the time of the instant case, according to the mental appraisal result conducted by the lower court, the defendant did not have any peculiar mental disorder except for the imprudent personality disorder and minor depression, and had criminal responsibility to discern things or make decisions at the time of the instant crime. In light of the fact that the Defendant appears to have caused monetary necessity or intentional habit rather than by coercion that cannot be controlled by himself, the Defendant did not have the ability to discern things or make decisions at the time of the instant crime.
Since the defendant's above assertion is not deemed to have been weak or weak, the defendant's above assertion is without merit.
B. There are reasonable circumstances to consider the fact that the Defendant committed each of the instant offenses at the time when approximately six years have passed since the final larceny committed the crime.
However, the Defendant had already been sentenced to punishment four times for the same crime, and there is no reason to agree with the victims or restore damage, and the statutory penalty for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is imprisonment for life or for a limited term of not less than three years. The lower court sentenced one year and six months, which is the lowest sentenced punishment by discretionary mitigation after choosing a limited term among the above statutory punishment, and thus it is no longer possible to impose a lower sentence, and the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime and the circumstances before and after the crime are prescribed in Article 51 of the Criminal Act.