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The defendant's appeal is dismissed.
Reasons
Summary of Grounds for Appeal
The Defendant, among the instant crimes, was in the state of mental disorder or weakness due to the influence of philophones at the time of committing the crime following the medication of the Mesophopopon (hereinafter “philoopon”).
The sentence of imprisonment with labor (four years and six months) by the court below on unreasonable sentencing is excessively unreasonable.
Judgment
According to the records of the judgment on the claim of mental disability, it can be recognized that the defendant administered a phiphone on September 18, 2014, and since 09:00 on the same day, the defendant started to commit various crimes, such as cutting away goods loaded on another person's motor vehicle from around 09:0 on the same day, and assaulting the police officer dispatched after receiving a report. However, as properly explained by the court below, the defendant was driving long distance while the defendant was driving, did not cause an accident, made a locked motor vehicle with the view to using the tools, and opened a locked motor vehicle door, and caused damage to the police's attack, or committed the act before and after the crime, etc., in light of the circumstances indicated in the record, such as the background of the crime, the action before and after the crime, etc., by distinguishing things, lost the ability to make a decision, or failed to have such ability.
This part of the defendant's assertion is not accepted.
As to the assertion of unfair sentencing, considerable recovery of damages caused by the instant larceny, the degree of injury of the victimized police officer is minor, and the defendant has been sentenced to six times for the same crime. However, in recent years, the Seoul High Court sentenced four years to imprisonment on October 14, 2009 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Aggravated Punishment, etc. of Specific Crimes on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. on the th