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(영문) 서울고등법원 2014.03.14 2014노119
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The defendant with mental disability was in a state of mental disability, which was unable to suppress the impulse of larceny at the time of the crime in this case.

B. The sentence imposed by the lower court on the Defendant (four years of imprisonment) is too unreasonable.

Judgment

In the court below's argument that the defendant's claim of mental disability is identical to the above reasons for appeal, the court below rejected the above argument by giving a detailed statement on the defendant's argument and its decision under the title "the judgment on the defendant's and his defense counsel's argument". In light of the evidence and legal principles duly adopted and investigated by the court below, the above decision of the court below is just and acceptable. The above argument by the defendant is without merit.

B. As to the assertion on unfair sentencing, there are circumstances that may be considered in light of the circumstances, such as the fact that the Defendant recognized the instant crime and reflects the mistake thereof, that the degree of damage is relatively weak and all damaged goods were recovered, that the mother of the aged residing in a foreign country has been examined on behalf of the Defendant instead of the Defendant, and that the current health is not very good.

However, even though the defendant had been subject to criminal punishment several times due to the crime of habitual larceny of the same kind, he/she has been sentenced to final punishment after completing the last sentence and again committed the same kind of crime on the 10th day of a month. The booming expenses are not sufficient to be regarded as having committed a larceny in subway for women in the subway, and in full view of all the sentencing conditions such as the defendant's age, family relation, criminal relation, character and conduct, environment, motive and circumstance of the crime, means and method of the crime, and circumstances after the crime, etc., it is not recognized that the sentence imposed by the court below is too unreasonable. Thus, the defendant's above assertion is without merit.

Accordingly, the defendant.

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