특정범죄가중처벌등에관한법률위반(절도)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant, at the time of each of the instant crimes, was in a state of mental and physical disability due to the recurrence of the depression (contribute disorder) at the time of the instant crime.
B. The lower court’s imprisonment (one year and six months of imprisonment) on the grounds of unreasonable sentencing is too unreasonable.
2. Determination
A. In full view of the various circumstances, such as the behavior before and after each of the instant crimes and the Defendant’s criminal power, living attitude, and tendency, etc., as indicated in the judgment records as to the claim of mental retardation, even though it is recognized that the Defendant was suffering from the depression even at the time of each of the instant crimes, the circumstance that all of the Defendant’s past thief power was inflicted on the Defendant, and that the Defendant was aware of the thief at the time of the occurrence of the thief during which the thief was committed, and that the thief at the time of each of the instant crimes, the
Even if it cannot be deemed that the defendant's ability to discern things or the intention is weak, so the defendant's assertion of mental disability is without merit.
B. Although there are favorable circumstances, such as the Defendant’s misjudgmentation of the allegation of unfair sentencing, and the fact that all the damaged goods have been returned to the victims, considering the fact that the Defendant had been punished several times of punishment due to the same kind of crime, and that another theft act was committed during the period of repeated crime, the nature of the crime is not very unusual, and in January and June, which was sentenced by the lower court, was the lowest within the scope of the punishment mitigated, and in light of the two circumstances, including the Defendant’s age, character and behavior, and environment, the sentence imposed by the lower court is too heavy.
3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal can not be seen as a part of the mother or there is no reason to do so