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(영문) 서울중앙지방법원 2018.06.22 2018노859

절도

Text

The defendant's appeal is dismissed.

Reasons

The Defendant, misunderstanding the gist of the grounds for appeal, did not commit a theft identical to the facts charged in the instant case.

Even if the defendant had committed the instant crime, he/she may have committed the instant crime.

Even if a physical and mental disorder was committed at the time of the crime, the physical and mental disorder was in the state.

The punishment of the court below (10 months of imprisonment) which is unfair in sentencing is too unreasonable.

Judgment

According to the evidence duly adopted and examined in the court below's judgment as to the assertion of mistake, since the defendant could fully recognize the fact that he stolen the victims' property four times as stated in the judgment below, the above assertion by the defendant is without merit.

According to the evidence duly adopted and examined in the court below's judgment as to the assertion of mental and physical weakness, the defendant did not have a unique mental diagnosis at present, and it appears that it is necessary to conduct a mental tracking observation of the level of medical treatment for outpatients in the future with respect to the past medical history (the addition of stimulative disorder, related disorder, and light stimulation without past history). However, in light of the defendant's method of crime or attitude at the time of the crime, it is recognized that at the time of each of the crimes of this case, the defendant's ability to distinguish things and decision-making ability had no problem.

Ultimately, the Defendant committed a crime under the condition that he had the ability to discern things or make decisions at the time of each of the instant crimes.

This part of the defendant's assertion is without merit.

In addition, even though the amount of damage caused by the crime of this case is relatively low, the records and arguments of this case are shown in the defendant's age, sex, environment, motive and consequence of the crime, circumstances after the crime, etc., such as the fact that the defendant has a large number of same records of the defendant, that the defendant committed the crime of this case again during the period of repeated crime, that the victim did not make efforts to recover from damage, such as agreement with the victims, etc.