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(영문) 서울북부지방법원 2016.12.23 2016노1892
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental disorder or mental disorder under the influence of drinking and drinking drugs.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing is too unreasonable.

2. Determination:

A. According to the record on the assertion of mental and physical disorder, even though the Defendant was deemed to have drinking alcohol, light alcohol, and mental and physical therapy at the time of the instant crime, in light of the background leading up to the crime, the method and method of the crime, and the circumstances before and after the instant crime, etc., it cannot be deemed that the Defendant had no or weak ability to discern things or make decisions.

The defendant's mental disorder is not accepted.

B. There is no significant change in circumstances after the judgment of the court below on the assertion of unfair sentencing.

In light of all the circumstances asserted by the Defendant as the grounds of appeal, the lower court’s sentence cannot be deemed unfair, even if it is considered that the Defendant’s ground of appeal was unreasonable.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

3. If so, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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