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(영문) 서울고등법원 2018.03.16 2017노3845

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

Summary of Reasons for appeal

A. The Defendant, at the time of committing each of the instant crimes, was suffering from the usual disease, so that it was difficult to coordinate the impulse with the mental and physical weakness.

B. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

Judgment

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical weakness, the fact that the Defendant received medical treatment with his/her mental injury and injury is recognized.

However, in full view of all the circumstances, such as the background and method of each of the instant crimes, the conduct of the Defendant before and after the commission of the crime, the Defendant’s attitude at the investigation agency and court, and the contents of the statement, it does not seem that the Defendant did not have reached a state where the Defendant had the ability to discern things or make decisions at the time of each

Therefore, the defendant's mental and physical weak argument is without merit.

B. The degree of damage to each of the instant crimes was not significant in determining the illegality of sentencing, and part of the damaged items were returned or returned to the victim.

The defendant does not want the punishment of the defendant by agreement with the victim D.

At the time of each of the crimes of this case, the defendant suffered from her early illness.

The Defendant confessions each of the crimes of this case and is in depth against the depth.

These points are favorable to the defendant.

The criminal defendant, who has been guilty of the same kind of punishment, committed each of the crimes of this case during the period of a repeated crime.

In particular, the first crime of this case committed 20 days after release.

The defendant escaped after being tried by the court below, and repeated the crime during the period of escape.

Since most damages caused by each of the crimes in this case were not recovered, the victims except the victim D still have been punished for the defendant.

These points are disadvantageous to the defendant.

A. The above circumstances are as follows.