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(영문) 서울북부지방법원 2020.10.15 2020노764

절도등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant committed a crime in a state of mental and physical disability, such as mental and physical disability, caused by alcohol dependence and recognition ability. The Defendant committed a crime in a state of mental and physical disability as indicated in the lower judgment.

B. The sentence imposed by the lower court on the Defendant (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. In light of the background and method of the instant crime and the Defendant’s behavior before and after the instant crime, etc. acknowledged by the evidence duly adopted and examined by the lower court, it does not seem that the Defendant had the ability to discern things or make decisions at the time of the instant crime.

Therefore, the defendant's argument of mental disability is without merit.

B. The lower court rendered a judgment on the assertion of unfair sentencing: (a) taking account of the fact that each of the instant crimes was committed during the period of repeated crimes resulting from the same crime; (b) the circumstances after the crime were committed, such as salvating stolen money to gambling; (c) the fact that the damage was not recovered; (d) the Defendant appears to have recognized and reflected the mistake; and (e) the victim C did not want to be punished; and (c) taking into account the favorable circumstances, taking into account the fact that the victim C did not want to be punished; and (d) sentenced the said punishment within the scope of recommended sentencing guidelines

Examining the record, the sentencing of the lower court seems to be appropriate, and there is no special change in circumstances that could change the sentencing of the lower court in the course of the trial. Therefore, the lower court’s punishment against the Defendant is too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.