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(영문) 부산고등법원 2013.10.17 2013노417

준강도

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was drunk and was in a state of mental disability.

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

2. Determination

A. The facts acknowledged by the evidence duly adopted and examined in the judgment of the court below as to the claim of mental disability, namely, that the defendant drinks the F who had worked together prior to the crime of this case and drinks a considerable amount of drinking water, and thereafter enters D, which is the place where the crime of this case was committed, by deceiving G where the defendant is the seat, and finding the victim's self-defense, and thereby cutting off the wall from the back part of the victim's part, which was discovered that the victim's self-defense, was discovered, and the victim was discovered, and the victim was discovered, and the victim escaped with the victim's escape while "I am, I am off" while putting the victim's body. In light of the fact that the defendant escaped from the wall while escaping and abandoned the wall with the care system, the defendant did not have any ability to discern the decision-making ability or decision-making ability due to drinking alcohol at the time of the crime of this case, and therefore, there is no reason to believe that this part of the defendant's opinion is insufficient.

B. Examining the various sentencing conditions in the instant case regarding the assertion of unfair sentencing, there are favorable circumstances for the Defendant, such as: (a) the Defendant acknowledged a mistake and against the Defendant; (b) the amount of damage in the instant case is very low; and (c) the victim expressed his intent not to punish an unlawful act; and (d) the fact that the victim appears to have fallen under the instant crime under the influence of alcohol.

However, the crime of this case is committed by the defendant who has been punished several times for the same crime, in particular, with the completion of the execution of imprisonment due to night-time intrusion and larceny, and for whom six months have not yet passed since the execution of imprisonment due to the victim's robbery, thereby evading arrest.