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(영문) 서울남부지방법원 2015.07.17 2015노639
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. At the time of the instant case, the Defendant had weak ability to discern things or make decisions due to alcohol dementia.

B. In light of the fact that the Defendant is against unreasonable sentencing, and the theft of this case is one of the 150,000 won and 200,000 won and 1. Of them, the degree of damage is minor due to the return of the electronic stamp to the victim, and the victim does not want punishment, the punishment of one year and six months sentenced by the lower court is too unreasonable.

2. Determination

A. In light of the background leading up to the instant crime, the means and method of the instant crime, and other circumstances after the instant crime, etc., it seems that the Defendant did not have the ability to discern things or make decisions due to alcohol dementia at the time of the instant crime, and thus, this part of the Defendant’s assertion is without merit.

B. Taking into account the circumstances in which the Defendant asserts unfair sentencing, the sentence imposed by the lower court on the crime of larceny, among the crimes in this case, is an imprisonment with prison labor for life or for not less than three years, and one year and six months, which sentenced by the lower court, is the lowest sentence among the applicable sentences that have mitigated the above statutory punishment. The Defendant’s history of punishment has reached 14 times, and the same type of punishment has reached 10 times, and the Defendant’s history of punishment has reached 10 times, and other circumstances, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., as well as the circumstances after the crime, are considered appropriate and unreasonable.

3. Therefore, 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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