야간건조물침입절도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was in a mental and physical state due to mental illness, depression, etc.
B. The sentence imposed by the lower court (one year and two months of imprisonment) is too unreasonable.
2. Determination
A. According to the record on the assertion of mental disorder, the defendant is deemed to have received hospitalized treatment after the crime of this case, but the defendant did not have the ability to discern things or make decisions due to mental disorder at the time of the crime of this case in light of the background, means, circumstances after the crime of this case, etc.
It does not seem to have reached a state of or weakness.
Therefore, this part of the defendant's argument is without merit.
B. Although there are extenuating circumstances, such as the fact that the defendant was sentenced to three times of punishment as a single crime on September 20, 2012 due to special larceny, etc. on September 20, 2012, the crime of this case was committed again during the period of repeated crime after the execution of the sentence was terminated, and that he did not endeavor to recover from damage, etc. However, the defendant is against the confession of the crime of this case. Meanwhile, the goods stolen by the defendant are seized and returned to the victim, the defendant's health conditions are not good due to editing mental division, the scope of recommendations of the sentencing guidelines of the Sentencing Commission of the Supreme Court [the scope of recommendations of the Sentencing Commission of the punishment [the theft of general property, four types of theft, one year and six months of mitigation area: imprisonment from August to June: Where the defendant intrudes at a place other than indoor residential space (type 4); where the crime of this case was committed during the period of repeated crime; how the court below made the statement and circumstances of this case; how the crime of this case was committed;