특정범죄가중처벌등에관한법률위반(절도)등
The defendant's appeal is dismissed.
1. Reasons for appeal;
A. The Defendant with a mental disorder was in a state of weak mental and physical disorder while drunk.
B. The punishment of the lower court is heavy.
2. Determination
A. According to the evidence duly examined and adopted by the court below, it is acknowledged that the defendant had been under treatment due to drinking alcohol at the time of committing the crime and symptoms of alcohol dependence, etc., but the defendant lacks the ability to discern things or make decisions.
shall not be deemed to exist.
B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.
Comparing the sentencing conditions indicated in the records and changes of the instant case, in particular, the circumstances of recidivism during the same repeated period and the reasons for sentencing of the original judgment, considering all the circumstances alleged by the Defendant on the grounds of appeal, the lower court’s punishment is heavy.
subsection (b) of this section.
3. Conclusion, Defendant’s appeal cannot be accepted.