특정범죄가중처벌등에관한법률위반(절도)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant, at the time of committing the instant crime, was in a state of mental and physical loss or mental weakness due to mental illness or breathesis, etc. caused by a decentralization disorder, depression, etc.
B. The punishment sentenced by the lower court (one year and eight months of imprisonment) is too unreasonable.
2. Determination
A. According to the record of the determination on the assertion of mental and physical disorder, the Defendant was diagnosed at the P Hospital located in the Cheongong-gun, Chungcheongnam-gun, on April 11, 2018, with a certain degree of alcohol at the time of each of the crimes in this case. The Defendant was aware that he/she had performed such alcohol at the time of each of the crimes in this case. However, he/she is relatively detailed and reasonable for the Defendant’s criminal acts committed by the investigative agency. In light of the Defendant’s ordinary amount, the process and process of the crimes, means and method of the crimes, and the Defendant’s conduct before and after the crimes, etc., the Defendant had no or weak ability to discern things due to mental illness or alcohol at the time of each of the above crimes.
Therefore, the defendant's above assertion is without merit.
B. The lower court, as seen earlier, determined the sentence by taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.
When comprehensively taking into account the conditions for sentencing, the applicable sentencing, and the sentencing guidelines in the trial, the sentencing of the court below exceeded the reasonable scope of its discretion.
There is no other circumstance in which it is deemed unfair to maintain the judgment of the court below as it is (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, considering the Defendant’s age, sexual conduct, environment, motive and background of each of the instant crimes, the means and consequence of each of the instant crimes, the circumstances after the crime, etc., the sentence of the court below cannot be deemed unfair because it is too unreasonable.
Therefore, the defendant's status.