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(영문) 서울중앙지방법원 2018.11.30 2018노2939

절도등

Text

The defendant's appeal is dismissed.

Reasons

The Defendant was physically and mentally weak at the time of committing the instant crime.

The punishment of the lower court (eight months of imprisonment) which is unfair in sentencing is too unreasonable.

Judgment

In full view of all the circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mental and physical weakness, the Defendant was in a state that the lower court had weak ability to discern things or make decisions at the time of each of the instant crimes.

Since the defendant's mental and physical weakness cannot be determined by a person, the defendant's argument is without merit.

In full view of the following circumstances: (a) the Defendant committed each of the instant crimes while having been sentenced to a suspended sentence of imprisonment for a crime of the same kind; (b) even if he was arrested as the current offender in the 2018 High Order 3982 case and was released, the Defendant again went to commit each of the instant crimes in the 2018 High Order 2018 High Order 3982; (c) there is no change in circumstances that may consider the sentencing after the lower judgment; and (d) other circumstances that form the conditions for the sentencing in the records and arguments, the lower court’s sentence is too excessive and is not deemed unfair, and thus, there is no reason for the Defendant’s

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.