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(영문) 서울중앙지방법원 2014.09.18 2014노2087
절도등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of committing the instant crime with mental disorder, the Defendant was in a state of mental or physical disability or mental disability due to depression, etc.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. Determination on the grounds for appeal

A. According to the record as to the assertion of mental disorder, even though the defendant was suffering from depression at the time of the crime of this case, in light of the circumstances revealed in the records, such as the background leading to the crime, details of the crime, and the defendant's behavior before and after the crime, the defendant lacks the ability to discern things and make decisions at the time of the crime.

This part of the defendant's assertion is rejected, since it is not recognized that the defendant had reached the above status of absence of such ability.

B. We examine both the defendant and prosecutor's argument on unfair sentencing.

In full view of the following circumstances, the sentence imposed by the court below is deemed appropriate, and it is not recognized that the sentence imposed by the court below is too heavy or unreasonable.

Therefore, the defendant and the prosecutor's argument are not accepted.

The favorable circumstances: confession and reflect the victim’s intent to not punish the victim; the victim’s unfavorable circumstances are not less than that of a fine of KRW 500,000,000. In the previous case, there is a previous crime of fraud that has already been subject to suspension of indictment. Damage may not be actually recovered. Otherwise, the punishment determined by the court below appears to have taken into account both the favorable circumstances and unfavorable circumstances for the defendant, and there is no special change or change in the circumstances that may be newly considered in sentencing after the sentence of the court below. 3. The appeal filed by the Defendant and the prosecutor on the conclusion is without merit, and thus, they are all subject to Article 364(4) of the Criminal Procedure Act.

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