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(영문) 서울북부지방법원 2014.10.16 2014노1043

특수절도

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant was found guilty of this part of the facts charged on the part of the Defendant by misunderstanding the fact, despite the fact that the Defendant merely attempted to have heatedly heatedly heated and heatedly heated parts of the clothes held in the public book room of the childcare center operated by the victim, and that the Defendant did not stolen two clothes with the intent of illegal acquisition, such as the facts stated in the

B. At the time of stopping the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disorder or mental disability.

C. The sentence of imprisonment (eight months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. The lower court also asserted the same purport as this part of the grounds for appeal, and the lower court directly finished the examination of evidence by carrying out the examination procedure of the witness with respect to F, and subsequently rendered a judgment not to accept the Defendant’s assertion by stating detailed reasons on the part of “determination of the Defendant’s assertion”.

Examining the above judgment of the court below in a thorough comparison with the records, it is justified. Thus, the defendant's assertion of mistake of facts is without merit.

B. In light of the circumstances before and after the commission of the instant crime, the background leading to the instant crime, and the Defendant’s behavior at the time, etc., which can be revealed by the record of judgment on the assertion of mental and physical disorder, it cannot be deemed that the Defendant did not have or lacks the ability to discern things or make decisions due to drinking at the time of stopping the instant crime, and therefore, the Defendant’s mental and physical disorder assertion is without merit

C. Although the decision on the assertion of unfair sentencing is made on the assertion of unfair sentencing, the defendant lives alone without his family, and the degree of damage suffered by the victim by the crime of this case is relatively minor.