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(영문) 의정부지방법원 2015.03.27 2014노2946

야간주거침입절도등

Text

The defendant's appeal is dismissed.

Reasons

1. Considering that the instant crime committed under the influence of alcohol by the Defendant was committed under the weak mental capacity, the sentence imposed by the lower court (two years of imprisonment with prison labor and one year of short term) is excessively unreasonable.

2. The judgment was based on the following facts: the defendant led to confession of the facts constituting the crime of this case and made a statement that his mistake has been pened in depth; the defendant has yet to grow up in the old and in a bad family environment, etc., which are favorable to the defendant.

On the other hand, each of the crimes of this case committed by the defendant, as shown in the facts of the crime of this case in the judgment of the court below, is highly poor in light of the nature of the crime, the defendant committed each of the crimes of this case during the period of repeated crime without being aware of the record that he had been sentenced to imprisonment for the same kind of crime prior to each of the crimes of this case as stated in the first head of the crime of this case as stated in the judgment of the court below. There was no smooth agreement with the victims or complete recovery from damage up to now, and there is little opportunity to recover damage in the future. Some of the crimes committed immediately after drinking, but do not seem to have been in a state of mental and physical disability that can reduce punishment in light of the specific contents of the crime and the circumstances after the crime, the defendant's statement to investigation agency, witness and victim's statement, there is no special change of circumstances that could differ from the punishment of the defendant in the trial of this case, and the defendant's character, character, intelligence and environment, motive, family relation, criminal record, health status, etc.

3. Conclusion.